property rights for women

Six Property Rights That Every Woman In India Should Know

Gone are the days when India was touted as male-dominated country and all the rights and advantages in every sphere of life used to favour men. The times have drastically changed and with rapid urbanisation, the role of women has evolved in India to a large extent over the last few years. Moreover, the increased awareness about having similar property rights for women has also compelled the Indian government to amend its age-old laws which used to restrict women from claiming their share in the ancestral property. Having said that, here are some of the most important property rights that every woman in India should know about.
1. Property Bought By A Woman Is Hers Only
You need to know that the ownership of property doesn’t change even after the marriage. Therefore, if a woman purchased a property before her marriage, it legally remains hers even after getting married, unless she decided to gift it someone.
2. Property bought by another person in a woman’s name is hers
As per Section 14 of the Hindu Succession Act, any property purchased in the name of a married woman by her husband becomes her absolute property. The wife will be considered as the sole owner of the property even if the property is bought by using the joint funds.
3. Right to residence
In case your marriage doesn’t work out and your partner or in-laws want to you to leave the house, remember they have no legal right to evict you. According to the law, even if the property is not registered in the woman’s name, she cannot be forced to leave the home by her husband or anyone in his family, legally, she has the right to reside there.
4. Right to spouse’s legal estate
The laws say, as a married woman, you are entitled to a share in the properties owned by your husband, whether those are tangible or intangible, along with the other legal heirs, after his death. Please note, you cannot claim your right on his property during his lifetime.
5. Women are not responsible for any liabilities owed by their spouse
According to the Married Women’s Property (MWP) Act, any property owned by the wife is secured against her husband’s creditors. This means, your property cannot be used as a settlement for the debts owed by your spouse or his relatives.
6. Right to ancestral property
Whether or not you have a will or any other legal document related to your ancestral property, it is yours by virtue of your birth. Hence, you can be certain in your legal authority over it. A woman can claim her right over an ancestral property, whether her parents are alive or not, whether she is married or not.

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