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Equal Property Rights Among Couple In India

February 02, 2013  by: ushakiran  Points: 15   Category: Social    Views: 982

This is an issue that is being debated by the politicians and may become a reality in the near future...


At last Indian law makers have woken up to the fact that a married woman contributes as much as the man and has an equal right in the property.The bill proposes that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property which would be divided equitably in the event of separation or desertion.

Equal Property rights

Equal property rights have already been implemented in most of the Western countries .Thankfully, at least now Indian law makers are waking up to the fact that Indian laws especially Family and property laws need to be looked into and changed where necessary.. the proposed amendment that is being discussed by a panel of high ranking officials will have to be tabled in both the houses before it can be succeessfully passed .

Looking at the women and their status in India - It is always possible to go out and earn but in most families the woman stays home and looks after the home front and the children because of social pressures and also biologically women are best equipped to deal with it and this fact gets completely ignored when it comes to shared property and money.Managing home and children is not an easy job.It is a full time job and most of the time never gets due recognition.

A woman is respected and looked up only when she is going out to work and getting a pay check - doesn't matter if she is totally neglecting the home front or she has the difficult task of doing a balancing act managing both the home and her career with little or no help from her husband or in laws.

The bill and its implications

I am glad that at last Indian law makers have woken up to the fact that a married woman contributes as much as the man and has an equal right in the property. It should not matter whether one parner worked and the other one stayed at home. One worked just as hard as the other one. It is not easy to raise children and take care of a house at the same time.However, the response by the politicians and law makers as expected has been luke warm.

Earlier when the bill dealing with Hindu Succession Act - giving equal rights to Hindu, Buddhist, Jain or Sikh women, including married daughters, in the parental property as the sons was tabled only one male member (the rest were women) participated in the discussion that came at the end of the day. Some of the women members even pointed to the low attendance in the House during the debate.However, thankfully the government was determined inspite of this low level of interest by the politicians and bureaucrats and the bill has been passed successfully !

Now with this new bill which focuses on giving equal property rights to a couple , there is bound to be a lot of opposition by the male members since the bill proposes that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property which would be divided equitably in the event of separation or desertion.


This has been a progressive suggestion and will make women financially independent besides making them economically secure.There have been arguments put forth saying that there will be other social complications that may arise out of this bill for families practicing dowry system even though it is considered illegal. It will be the woman who would lose half of what her parents have paid by way of dowry since everything would be divided equally between the partners .Here, one can only hope that dowry system itself gets wiped out to make way for the new system .

One only hopes that the high level government panel that has suggested the implementation of this act called 'Right to Marital Property Act' - is able to carry it forth and also implement it at the earliest ! There is a fair chance that the bill might be debated and implemented at least , because the politicians might target women voters who comprise roughly about 48% of the total population !

( http://divorce-family-law.knoji.com/equal-property-rights-among-couples-in-india/)


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