In inheritance, the daughter's share is equal to one half of the son's in

keeping with the concept that a woman is worth half a man.

She has, however, and has always had full control over this property. It
is legally hers to manage, control, and to dispose of as she wishes in life
or death.
Though she may receive gifts from those whom she would inherit from,
there should be no doubt that the gift is a means of circumventing the
inheritance laws of one third of a man's share, since, under Muslim law.
The shares of inheritance are very strict.
Daughters have rights of residence in parent's houses, as well as right to
maintenance, until they are married. In case of divorce, charge for
maintenance reverts to her parental family after the iddat period
(approximately 3 months). In case she has children capable of
supporting her. The charge falls upon them.
 Property Rights for women in India

Mitakshara
Joint Family
Self Acquired
Dayabaga
Stridhan
Exceptions in marilineal systems
Reforms
Women's organisations (1930s)
 Mitakshara

Self acquired

Joint family (4 generations of males)

• Women cant be coperceners
• Men can demand partition
• Wife has right to maintenaance and unmarried daughters
right for stridhan and gifts
• Wodoe can use in lifetime , cant alienate except certain
circumstaces.
• Chastity of women had to be in place
 Dayabhaga (Applied mostly in bengal and Assam)

Men had absolute power in both ancestral and self-

acquired property .
His chaste widow could inherit in the absence of
male heir, to be followed by unmarried daughter.
Better than Mitakshara where both wife and
daughter inherrited both in ancestral and
selfacquired property.
Stridhan , included only movablesp;;
WIA
AIWC
NCWI
1937, Hindu Womens right to property Act (WHICH
EXCLUDED AG. LAND)
Daughters were excluded too
1941 Rao commt
1944 reconstituted the same for preparing hindu code
Introduced in parliament in april, 1947
Shelved in 1951 by Nehru, Ambedkar as law minister resigns
Finally in 1956, Hindu Succession Act was passed.
85 %of population covered which also included
sikhs, jains and buddhists
It exempted local customs of matrilineal and
northeast regions
States came with amendments in joint family
systems.(blow to matrilineal communities)
 Rights, in any form of property, are claims that are legally &
socially recognized and enforceable by external legitimized
authority. Property rights include the legal rights to acquire, own,
sell and transfer property, collect and keep rents, keep one’s
wages, make contracts and bring lawsuits
3. WOMEN PROPERTY RIGHTS Every women has right to
acquire & hold property for her self in her own names If a women
has any property , she can whatever she wants with it.
4. BRIEF ABOUT THE WOMEN PROPERTY RIGHTS The
property rights of the Indian woman get determined depending on
which religion and religious. They are follows, The Hindu
Women’s Property Rights  Property rights of Christian, Parsi
(Zoroastrians) women  Muslim women’s property rights 
The Koran gives specific shares to certain individuals
For example, if a daughter co-exists with the son, or
a sister with a brother, the female gets one share and
the male two shares.
CHRISTIAN WOMEN’S PROPERTY RIGHTS
Basically, a widow and all her children, both sons
and daughters, irrespective of their marital status,
get equal shares in the property of the intestate while
each parent, both father and mother, get half of the
share of each child.
 Gender Inequalities

Copercenary rights
Dispariies beween sons and daughters
Man can convert his selfacquired property into
coparcenary property
Married daughters have no residence rights
Federal structure and ag.land
Land reform policies are mostly male oriented
 Christians

Goverened by Indian Succession Act of 1925

Gender inequalities till 1983 after Mary Roy
challenged these laws
Protest by church groups
 Muslims

Two principal schools of islamic law

Hanafi law
• Governs sunnis
Itna Ashari
shite
The Muslim Law of Succession is a combination of
four sources i.e. the Holy Quran, Sunna (practice of
prophet), Ijma, (Consensus of the learned men of the
community over the decision over a particular
subject matter), Qiya (deductions based on analogy
on what is right and just in accordance with good
principles).
 The Qur'an grants testamentary powers to Muslimsin
disposing their property. In their will, called wa eyya
ṣ , Muslims are allowed to give out a maximum of one
third of their property.

Muslims are also encouraged to give money to the

orphans and poor if they are present during the
division of property. Law in its entirety, which bestows
the responsibility and accountability on men to
provide safety, protection and sustenance to women.
 Heirs

1ST Category-- Agnatic heirs (mostly men)

2nd ---Koranic heirs (mostly female)
Distand relations– blood relatives who are neither agnatic nor koranic
heirs
Daugher gets half a share which a son gets.
While the Hanafi school (Hanafi school of Sunni Sect) recognises only
those relatives as heirs whose relation to the deceased is through a male.
This includes son's daughter, son's son and father's mother.
The Shia school(sect), on the other hand, favours no such discrimination.
This means that heirs, who are related to the deceased through a female
are also accepted. The estate of a deceased Muslim devolves on his heirs
separately and the
heirs are entitled to hold the property as tenants-in-common, each having
a definite share inthe property.
 Inheritance

A wife takes ¼th of share in a case where the couple is

without lineal descendants, and a one-eighth share otherwise.
➢ A husband (in the case of succession to the wife's estate)
takes a half share in a case where the couple is without lineal
descendants, and a one-fourth share otherwise.
➢ A sole daughter takes a half share. Where the deceased has
left behind more than one daughter, all daughters jointly take
two-thirds.
➢ If the deceased had left behind son(s) and daughter(s),
then, the daughters cease to be sharers and become
residuaries instead, with the residue being so distributed as to
ensure that each son gets double of what each daughter gets.
No concept of ancestral or joint family property as
Hindus
Inheritance laws come only after the death.
Shia inheritance laws are more gender just.
Rather than prophet Mohammads teachings, it
mostly relies on patriarchal mindsets.