Devolution of Property of the Hindu Female: Autonomy, Relationality, and the Law

Abstract

Women’s economic status and social security is influenced by their ownership and control over immovable property. Contemporary Indian society has refused to give up traditional ideologies and perpetuates the age-old pattern of ownership of material assets. Despite some progressive interpretations and statutory law, justice with respect to property has not progressed in a linear trajectory for Indian women, particularly Hindu women. This article examines the scheme of succession for Hindu males and females, its wider implications, the policy of non-interference by the courts, the recommendations of the Law Commission of India and the National Commission for Women and makes suggestions for removing the disparity between Hindu males and females in respect to devolution of property.

Keywords: Property rights of Hindu female, self-acquired property, separate property, succession, women and law