Married girl's wealth

Married girl's wealth can go to parents: Law Commission

NEW DELHI: Continuing with its progressive stance on family laws, especially those empowering women, the Law Commission for the first time has recommended that self-acquired property of a married Hindu woman without an heir would simultaneously pass on to her parents as well as to her husband's family.

In case the parents of a woman are no more, a part of her property would go to the heirs of her father. It would involve amendment in Section 15 of the Hindu Succession Act (HSA). The proposed amendment in HSA would finally differentiate between inherited and self-acquired property of a Hindu woman. Presently, Section 15 only prescribes that if a property is inherited from her husband or father-in-law, it would go to her husband's heirs and if the property is inherited from her parent, the same would not devolve to her husband's heirs, but to the heirs of her father. The act does not enumerate the heirs into succession of a female Hindu's property where it is self-acquired.

The same would devolve on her husband's heirs. Commission's 207th suo motu report has come in the context of changing social scenario when women have started owning property earned by their own skill.

"These situations do not seem to have been in the contemplation of legislators when the Hindu Succession Act was enacted," Commission said.

Another factor, according to Commission, is that when amendments are made entitling women to inherit property from her parental side as well as her husband's side, it would be justified if equal rights are given to her parental heirs along with her husband's heirs, to her property.