Daughter's property rights can be curbed by father's biased will - To protect the women's property rights whattsapp to our service No.9840802218


One way to mitigate this rampant gender bias is to take a leaf out of the Muslim law, which imposes a limit on the freedom of testamentary disposition. The Muslim father can will away a maximum of one-third of his property while the rest is divided among his legal heirs of both genders.


Significantly, when the Law Commission asked in 2000 whether such a restriction should be imposed on the freedom of the Hindu father as well, the majority of the respondents favoured this radical idea. Those reform seekers were, however, almost evenly divided on whether the right of testamentary disposition should be confined to one-third or one half of the Hindu's self-acquired properties. Even as it admitted that "there has been a strong demand for placing a restriction on the right of testamentary disposition", the Law Commission without giving any reasons said that after "due deliberation" it was "not inclined" to go so far in its recommendations.


The equality granted to the Hindu daughter in the context of ancestral property cannot make much difference on the ground unless this concept of curtailing the right to will away self-acquired properties is adopted. This may , however, amount to privileging equality over liberty to check a mischief.

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