Women’s Property Rights in India By Jasmine Brar

Women were always treated unequally to men, they were not given equal share in a property their shares were so less that it did not matter to them, but in some states in India, the state laws which were enacted for that state only had given equal share in those states for property rights to women and there too there were some laws like if a woman were married after a particular year, now just think about those women who were married before, and how they were not entitled to a share.

But in 2005 a central act was enacted which changed all local states laws and all discrimination against women, now women have equal rights as a male. There are certain riders in that law, that father & daughter have to be alive the day the law was passed, and there should be no will of the father and if a will exists, then it has to be his self-acquired property, and not his ancestral property as he is not entitled to write ancestral property to anyone, the will too can be challenged as many times people coerce for their benefit and create wills which are fraudulent.

Anyone dies and leaves behind a will, that will needs to be probated, so that who whoever are rightful owners of the share in the property needs to be informed trough notices so that any objections or any challenges could be made by them against the will in the court. 

All women should know the exact property details; they need to know the exact survey numbers of the land and physical address of the houses and where they are located, all these needs to be stored, additionally all details about movable assets, such as bank accounts, PF, PPF,  shares and any other form of movable assets should also be known.

The survey numbers of lands and houses which are immovable assets will help you to track the sale title, it will also give you complete details of the Encumbrance Certificate which would clearly show you how the property has mutated, also this are the essential documents which will help you to fight a case in the court of law, and would allow you inherit your rightful share, by filing a partition suit. All the details would be available at your local Registrar Office, where the properties are situated.

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