Tuesday, April 2, 2013

Property Of a Female Hindu To Be Her Absolute Prop

14. Property of a distaff Hindu to be her supreme property

(1) Any property possessed by a pistillate Hindu, whether acquired before or after the commencement of this Act, shall be held by her as adept owner thereof and not as a limited owner.
 
Explanation:- In this sub- persona property includes twain movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by ease up from each person, whether a congeneric or not, before, at or after her marriage, or by her own skill or exertion, or by obtain or by prescription, or in whatsoever opposite manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
 
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any otherwise instrument or under a harness or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award tell a restricted estate in such property.
 
COMMENTS
 
This section recognises equality of sexes and elevates the women from subservient position in the field of saving to a higher pedestal.

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Now the women can enjoy and cave in full powers as regards disposal of property held by them. They atomic number 18 to be taken as owners without putting any artifical limitations on their right of ownership.- Bai Vijaya v. Thakuribai Chela Bhai AIR 1979 SC 993
 
Where the death of the hubby took place in the year 1936, before the Hindu Womens discipline to Property Act came into force, as at that time notwithstanding right of maintenance was conferred upon the widow, there would not be any application of s.14 (1)- Suraj Mul v. Babulal AIR 1985 Del 95

Besides possessing an existing right of maintenance, a woman in the Hindu family is also conferred right in the family property. It cannot be said that...If you want to get a full essay, order it on our website: Orderessay



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