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Dowry Vs. Inheritance: A Critical Analysis Of Property Rights Denial To Daughters In India




Ananya Srivastava, S.S. Khanna Girl's Degree College (University of Allahabad)


ABSTRACT


Women are the building blocks of human life, they own a very prestigious position in our society but with time this position has converted into a critical one now she is left with limited choice and liberty and because of this, she needs such seminar and conferences to show and make the society realises their importance and most importantly to make them believe that they are capable enough.


This paper aims to showcase that women have equal rights as men and that daughters have an equal share in their father's property as their brother (son).


People in India have this mindset that daughters should not be given any right to inherit the fathers property after his death because it would create a lot of family issues and fragmentation of the family property and instead, they give their daughters a huge some of the money in form of dowry to keep her aside from the family property. To stop this practice the Dowry Prohibition Act, of 1961 came but still, the women didn't have equal rights in their paternal property this was because of many reasons. But after lots of struggle and legal fight amendment in the Hindu Succession Amendment Act, 2005 it said that a daughter can acquire her father's and ancestral property. After the famous landmark judgement of Vineeta Sharma vs. Rakesh Sharma, this resulted in a boon. And hence this shows “India’s journey towards equality and women being in forefront”.


Keywords: Inheritance, Dowry Prohibition Act 1961, Hindu Succession (Amendment) Act 2005.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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