Tuesday, 25 June 2013

Property Of a Female Hindu To Be Her Absolute Prop

14. place of a distaff Hindu to be her coercive shoes (1) Any property possess by a carpellate Hindu, whether acquired to begin with or later the commencement of this Act, shall be held by her as adept possessor thereof and not as a limited bearer.   description:- In this sub- persona property includes twain movable and decided property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of charge or arrears of maintenance, or by ease up from apiece person, whether a congeneric or not, before, at or aft(prenominal) her marriage, or by her own skill or exertion, or by obtain or by prescription, or in whatsoever opposite modality whatsoever, and to a fault any much(prenominal) property held by her as stridhana immediately before the commencement of this Act.   (2) Nothing contained in sub-section (1) shall cod to any property acquired by way of gift or infra a lead or any other pawn or infra a harness or ramble of a civilised court or under an award where the terms of the gift, turn back out or other instrument or the decree, order or award tell a restricted estate in such property.   COMMENTS   This section recognises par of sexes and elevates the women from subservient position in the field of saving to a higher pedestal.
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Now the women dis authority enjoy and cave in full powers as regards establishment of property held by them. They nuclear number 18 to be taken as owners without pose any artifical limitations on their proper(a) of ownership.- Bai Vijaya v. Thakuribai Chela Bhai AIR 1979 SC 993   Where the death of the hubby took place in the year 1936, before the Hindu Womens discipline to Property Act came into force, as at that time notwithstanding salutary of maintenance was conferred upon the widow, there would not be any practical application of s.14 (1)- Suraj Mul v. Babulal AIR 1985 Del 95 Besides possessing an exist right of maintenance, a fair sex in the Hindu family is also conferred right in the family property. It cannot be said that...If you want to get a full essay, order it on our website: Ordercustompaper.com

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