Women's Property Rights in India: Key Judgments

2023 0 Supreme(Mad) 959

The rights of inheritance of the tribal women governed by customs and had only evolved through judicial interventions. ... Bratiya & others, AIR 2016 HP 58, held that gender discrimination violates fundamental rights and daughters are entitled to equal shares in the property. ... The facts as detailed in the impugned judgment, broadly are not disputed between the parties and more so, the Trial Court decre....

2025 0 Supreme(Ker) 666

The object of Section 39 of TP Act is to safeguard the rights of women and children. Where one who is entitled to such rights seeks to enforce such right over the property, any transfer made is subject to such right. 17. ... The gratuitous transferee Fauziya, who is the sister of the judgment debtor who was fully aware of the existing rights of the divorced wife and children, cannot be h....

Clause 2 is designed to place beyond doubt the applicability of the Jaffna Matrimonial Rights and Inheritance Ordinance, 1911, to all the property of those governed by it regardless of the actual situation of such property, whether in the Northern Province or elsewhere. 3. ... Therefore, a husband can convey legal title to the whole of the property as he is the owner of the communio. He can sell in the course of manage....

Married woman-Disposal of immovable property-Consent of husband in Writing- Void or voidable-Matrimonial Rights Ordinance-Married Women's Property Ordinance. ...   A woman married before July 1, 1924, cannot dispose of immovable property acquired before that date without the written consent of the husband. APPEAL from a judgment of the District Judge, Avissawella.   H. V. Perera, K.C., with E. A. ....

2025 Supreme(Online)(Mad) 73494

The limited rights of Hindu women have been enlarged into her absolute property after the passing of the Act [30 of 1956]. ... Hence, the plaintiff has preferred this Second appeal, challenging the judgment of the first appellate Court, which has been admitted on the following substantial questions of law : "1) Will not the limited right of Hindu Women under Hindu Women Right to #HL_STA....

Current Civil Cases

She has the same rights in the coparcenary property as she would have had if she had been a son. She has a right to agitate in respect of her share in the joint family property. She carries the same liabilities and disabilities as a son does. ... It is by birth that interest in the property is acquired. Devolution on the death of a coparcener before 1956 used to be only by survivorship. After 1956, women ....

2024 0 Supreme(Mad) 1854

Section 6 of the HSA, 1956 continues to recognise the institution of a joint Hindu family governed by the Mitakshara law and the concepts of a coparcener, the acquisition of an interest as a coparcener by birth and rights in coparcenary property. ... As regards the contention of the defendant that Preliminary Decree has been passed by the Trial Court and rights of the parties have been determined and since the plaintiffs did not prefer an a....

2023 0 Supreme(Mad) 473

As per the Amended Act 39 of 2005 of the Hindu Succession Act, equal right has been conferred to women in the property by way of succession. ... The suit was dismissed initially only on the ground that the plaintiffs-women are not entitled to claim property right in the dwelling house. ... JUDGMENT : PRAYER : This Appeal Suit is filed under Order XLI, Rule 1 of CPC under Section 96 of the Code of Civil Pr....

The Legislature in passing Ordinance No. 15 of 1876 were emancipating women from the thraldom of the Roman-Dutch principle of the community of property on marriage. ... These rights, in my opinion, must of necessity have conferred on the woman a right to appear in Court as a party to an action concerning such immovable property and defending or asserting her rights to her separate estate, hut I think in....

The object of the section was, in my opinion, to confer on married women the kind of interest in property which the Courts of Equity in England, and subsequently the Married Women's Property Act, 1870, recognized. ... THE facts are set out in the judgment. G. Koch, for first defendant, appellant. ... Counsel for the first defendant relied on section 9 of the Matrimonial Rights and Inheritance Ordin....

2025 0 Supreme(Bom) 500

Only women can be considered aggrieved persons under the Protection of Women from Domestic Violence Act, and their rights to residence are upheld regardless of property ownership. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 24th October 2024 passed by the learned Principal Judge, Family Court, Mumbai below Exhibit-7 in Petition No. Criminal M.A.-23 of 2024. By the impugned order, the present Petitio....

2017 0 Supreme(All) 2278

Many a time question arises with regard to rights of women qua property. Various High Courts have interpreted Section 27 of the Hindu Marriage Act in a different manner. As far as the High Court of Madhya Pradesh is concerned the Court in the case of Ashok Kumar Chopra v. Visandi, AIR 1996 MP 226, held that ‘Stridhan’ is the property of the wife in her individual capacity and the husband is merely trustee of that property and the husband is liable to return that property and ....

2014 0 Supreme(Bom) 1104

In the context of proposed reforms under the Hindu Law. The One Hundred and Seventy-fourth Report of the Law Commission focused on the property rights of women One of the terms of reference empowered the Law Commission to make recommendations for the removal of anomalies, ambiguities and inequalities in the law.

1988 0 Supreme(Bom) 150

Act, 1986 (the Ad) retrospective in operation, is the point that arises in this application. JUDGMENT V.A. Mohta, J. - In the Muslim Women (Protection of Rights on Divorce)

1985 0 Supreme(Bom) 261

That in either event, her rights in the property were of a limited nature. That as a matter of fact, the decree itself provided that Yashodabai could not alienate the suit property during her life time. That in the circumstances, Ramchandra (i.e. Yashodabai's step son) was entitled to sell the suit property which he had in fact done in favour of the said Dnyanu Bayaji Salunkhe by a sale deed dated 4th January, 1933. 3. At the hearing of this appeal, Mr. Apte the learned Coun....