Family Law Project

PROJECT-FEMALE AS KARTA

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA PROJECT OF FAMILY LAW-II Submitted to:- Ravi Ranjan Sir  Submitted by:-Aparna Arya, B.A.LL.B.(hons.) Roll no.-111 semester-!

AKNOWLEDGEMENT 1

Writing a project is one of the most significant academic challenges, I have ever faced. Though this project has been presented by me but there are many people who remained in veil, who gave their all support and helped me to complete this project. First of all I am very grateful to my subject teacher Ravi Ranjan sir  without the kind support of whom and help the completion of the  project was a herculean task for me. e donated his valuable time from from his his busy busy sche schedu dule le to help help me to comp comple lete te this this proj projec ectt and and suggested me from where and how to collect data. I am very thankful to the librarian who provided me several books on this topic which proved beneficial in completing this project. I last but not the least, I am very much thankful to my parents and family, who always stand aside me and helped me a lot in accessing all sorts of resources.

I thank all of them!

2

CONTENTS 1. 2. 3. 4. 5. 6.

Introduction.........................................................................................." Women#s position in coparcenary........................................................$ Women#s property right% hindu, muslim, christian.............................&' Women as a karta...............................................................................&$ (udicial reforms...................................................................................') *onclusion...........................................................................................'+

I-I/R012

1. INTRODUCTION

3

The -aw *ommission of India in its &3"th Report on 41roperty Rights of Women5 1roposed Reforms under the indu -aw6 in 7ay '))) mentioned in the introduction itself that  48iscrimination against women is so pervasive that it sometimes surfaces on a bare perusal of the law made by the legislature itself. This is particularly so in relation to laws governing the inheritance9succession of property amongst the members of a (oint indu family. It seems that this discrimination is so deep and systematic that it has placed women at the receiving end. Recogni:ing this the -aw *ommission in pursuance of its terms of reference, which, inter%alia, oblige and empower it to make recommendations for the removal of anomalies, ambiguities and ine;ualities in the law, decided to undertake a study of certain provisions regarding the property rights of indu women under the indu ?. 7uch like those of women of any other country, property rights of Indian women have evolved out a continuing struggle between the status ;uoist and the progressive forces. 0nd  pretty much like the property rights of women elsewhere, property rights of Indian women too are une;ual and unfair5 while they have come a long way ahead in the last century, Indian women still continue to get less rights in property than the men, both in terms of ;uality and ;uantity. What may be slightly different about the property rights of Indian women is that, alongwith many other personal rights, in the matter of property rights too the Indian women are highly divided within themselves. ome to diverse religions, till date, India has failed to  bring in a uniform civil code. Therefore every religious community continues to be governed by its respective personal laws in several matters @ property rights are one of them. Infact even within the different religious groups, there are sub%groups and local customs and norms with their respective  property rights. Thus indus, ?, while *hristians are governed by another code and the 7uslims have not codified their property rights, neither the