REASONS BEHIND HINDU MARRIED WOMEN LEAVING THEIR LEGAL SHARE OF ANCESTRAL PROPERTY

Mahua Biswas

Abstract


This study was conducted on 126 Hindu married women who were gone through the painful process of ancestral property distribution. As per the Hindu Succession Act (1956) and Hindu Succession (Amendment) Act, 2005 daughters are eligible to get equal portion of ancestral property as sons. However, this study shows clearly most of the Hindu married women who are uneducated and financially dependent on their spouse or sons or daughters they generally end-up losing their fair share of ancestral property at the time of property distribution. On the other hand educated Hindu married women who are capable to negotiate their own right they generally get treated much fairly. That study also shows women who leave their legal share of ancestral property they do that under emotional pressure of their siblings and in fear of losing them permanently. As a result they regret in later period since these women are financially dependent on others and therefore in case of any financial emergency they feel really helpless and regret for their decision of leaving ancestral property share. On the contrary educated and independent women are much vocal about their legal rights and negotiate successfully to get their share and above all they don’t even regret for that decision. Therefore for uneducated, underprivileged women ancestral relations works as a social insurance and it’s more valuable than the ancestral property. However, further study should be conducted on Hindu unmarried women and the women of other religion as well to understand the actual scenario. Meanwhile changes in legal system are also necessary to prevent such dubious practices so that patriarchal society cannot exploit the loopholes of the Indian legal system. 


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