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HISTORICAL BACKGROUND AND LAW PRIOR TO HINDU SUCCESSION ACT, 1956

By P. Lavanya


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Abstract
In our society maltreatment of a woman in her husband’s family, e.g., for failing to respond to a demand of dowry, often results in her death. But the tragedy is that there is discriminatory treatment given to her even by the members of her own natal family. Why not women can become a karta of the property? Symbolically, all this signals that daughters and sons are equally important members of the parental family. It undermines the notation that after marriage the daughter belongs only to her husband’s family. If her marriage breaks down, she can now return to her home by right, and not on the sufferance of relatives. This will enhance her self-confidence and social worth as well as give her greater bargaining power for herself and her children, in both parental and marital families.
The women play a significant role in the life of every individual human being. Securing her better birth rights would mean giving better future to our own society, family and to every individual. Developed societies/Nations are developed because they have always taken keen interest in providing equal rights to women with that of men. Developing societies/Nations are developing because they understand the need of the hour and in every possible way trying to give women better rights. The gender inequality facets in different forms, but the most tedious one percept relate to the effective property rights. This disparity in property right pertaining to gender, spells from ancient times.
Keywords
Hindu Succession, Mitakshara, Women’s rights, Equality.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 256-262
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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