Women’s Relative right to property under the Will

Women’s Relative right to property under the Will

In previous days, the Supreme Court in favor of those women who have lost their husbands due to death has given a big decision. This decision is very important for those women who have been turned out of their houses and who are suffering even when they have ancestral properties.

Under the guidance of Justice M.Y Iqbal, the Supreme court has made it clear that those women whose husbands are dead have full right in the ancestor property and this is not just a formality but a relative and moral right of the woman. The woman is entitled to any property given to her under the will. She can give or sell this property to any party she wishes to. 

A women’s livelihood is the duty of the husband. If there is property in husband’s name then the wife has full right to use the property under the law. This is neither a formality nor pity but a proper relative right of the wife. And now the property and possessions will not only be given to other will holders but to the wife. 

This decision has come with the case of Jupudi Pardha Sarathi’s appeal who bought the house from P Venkat Subba’s son. Subba had three wives. Subba had given one of his properties to his third wife Veeragdhawama in 1920. She had no children. She gave the property in will to Pentapati Subbaro in 1971. After Veera’s death, Subba’s second wife’s son sold the property to Sarathi. The court had given decision that it was not wrong for the women to have sold the property, as it was her right by will and it will be passed to her male will holders after her death. But Andhra Pradesh’s high court had changed the decision of Lower court fully. According to high court, this case comes under the section 14, 1. According to court, Veera had become the full owner of the property by will and she had full right to will it to P Subbarao. The Supreme Court has agreed this decision. 

Even after remarriage, her right in dead husband’s property cannot be taken away from the woman. In addition, those women whose husbands are dead will be seen as the will holder and will have their share in the property like the son and daughter of the family only. Under the law of 1956, there was no provision for the share of the daughter in the ancestral property. But this has been amended in 2005 and now the daughter and the son are both equal recipients of the share. 

Under the punishment law 1973, there are many provisions for the safety of the women. Under section 125, the husband is responsible for the livelihood of the wife. If her husband leaves her or divorces her then she is entitled to alimony by first class magistrate orders. In August 2012, the Supreme Court had given orders that the government should see to the last rites of those women who are living alone in Vrindawan. The court gave suggestion to the government that Sulab international can be asked for help, which is an institution helping people, and women who are all alone. As after their death, no one comes forward for their last rites too. 

The government gives Rs 150 pension monthly to those women whose husbands are dead or left them and they are staying alone.  

From - Nandita Jha, High Court Advocate - Delhi

Women’s Relative right to property under the Will

Hindu Marriage Act - sec 3 and section 7

Legality of marriage does not need many proofs

Hindu Marriage Act - sec 3 and section 7

Many women feel inapt or stressed when it comes to proofs of marriage but the law says that even a photograph or some witness at the time of marriage is enough to prove the legality of marriage.

A case of Ratnagiri Maharashtra is evident here to quote. A couple got married in past in Ratnagiri. Since both were from the village, there were both parties from girl and boy side present during the ceremony. The pujari of temple performed the marital rites. Later the panchayat was informed and it was put in the village records. In addition, a witness from both sides was taken and was illustrated on a stamp paper. The husband Harish came to Mumbai for work and became a fitness trainer in a high-class gym. The wife sumitra was in the village. After just a year and half of marriage, Harish stopped communicating with Sumitra. He decided to leave her after 4 years of marriage since he was with a rich women in Mumbai who was helping him to open his own gym. Harish told Sumitra that the village marriage was not valid and it will not be considered valid in the city. Then sumitra approached the lawyers since she also felt that her marriage was not valid and she was living with her husband on wrong pretext. 

However, the lawyers told her about the details of Hindu marriage act 1955, sec 3. 

The sec 3 of Hindu marriage act 1955 says – 

All the traditional customs and rituals have been going on for decades and so they are equivalent to rules and laws. What are rituals or customs? In law language, a ritual is some rule, which has been going on for years and is used every time. It is not invalid in any case and if it is applicable to people and families and locals then it is to be accepted. 

That is why the law takes in course all the religious customs and traditions and rituals which have been going on forever. In this context, there is no specific definition of marriage. 

Section 7 of Hindu marriage act says – 

The Hindu marriage can be celebrated like a festive as per traditions and rituals of one’s caste and creed. The saath phears (seven rounds) are the main part of such marriages. Even the marriage in temple is valid. Then the question arises as to why these rituals and customs are seen for their legal validity in the book of law. Since India is a big country and there are many castes and creeds here, likewise these customs are accepted in the eyes of law too.

Therefore, Harish was wrong in saying that the marriage was invalid. Sumitra is not in any dilemma now, as she knows her marriage is valid. In our country, marriage is a religious custom and not only joining of two people legally. 

The law has given a diverse definition in case of witness or proof of marriage. If there are no other proofs left except photo of marriage or witness at time of marriage then also the marriage is considered valid. This important information can help many women from being misdirected.

Hindu Marriage Act - sec 3 and section 7, 

Advocate Vandna Shah, Family Court - High Court