george, this was a fundamental right under the constitution until the abolition of zamindari act and imposition of land cielings act, in the 1970's, when this right was taken away. as of now, for disabled persons land and property rights would be as applicable for all and there is no special provision. the pda under section 43 states about preferential allotment of land. international conventions like icescr garantees housing and shelter and own and manage property as human rights. What we need to examine and address are to provide enabling provisions under indian laws to safe guard rights of persons with disabilities in respect of owning and inheriting property and land. in delhi, for instance, there is a provission that if a woman registers property in her name she gets a 2 percent discount on stamp duty. such a provision for persons with disabilities will ensure parents to register property in the names of disabled children instead of willing it away to able bodied children who might and might not, look after the brother or sister after the parents death. Also the limitations act should not be made applicable for persons with disabilities and should be on a case to case basis. also there should be a provision that is presently applicable in instances of married women where under the hindu succession act husbands cannot will away anything more than her legitimate share to others. if he does then the will is considered nil and void and is illegitimate in the courts. it would be good if the amendments to the pda include such provisions as going by the number of instances of deprivation of legitimate share in property is an indication, then this needs serious discussion. regards rajive ----- Original Message ----- From: "George Abraham" <[EMAIL PROTECTED]> To: "Chetan Sharma" <[EMAIL PROTECTED]>; <accessindia@accessindia.org.in> Sent: Thursday, July 27, 2006 12:06 PM Subject: Re: [AI] Land Rights for the Disabled
> Does the constitution of India have anything to say about this ? > ----- Original Message ----- > From: "Chetan Sharma" <[EMAIL PROTECTED]> > To: <accessindia@accessindia.org.in> > Sent: Thursday, July 27, 2006 10:57 AM > Subject: Re: [AI] Land Rights for the Disabled > > > Yes, that 3% rexervation is available in most of states, but that appears to > be due to executive orders and not in compliance of any law. Under PWD act, > it is duty of local development authorities to develope special colonies for > disabled persons. I think this provision is some where in sec. 43 to 45 of > PWD act. > > With regards, > > > Chetan > ----- Original Message ----- > From: "rajesh asudani" <[EMAIL PROTECTED]> > To: "Harish Kotian" <[EMAIL PROTECTED]>; <accessindia@accessindia.org.in> > Sent: Thursday, July 27, 2006 5:46 AM > Subject: Re: [AI] Land Rights for the Disabled > > > >I think there is three percent reservation in land allotment schemes of the > > government for the disabled including blind. Will have to look up whether > > PWD act speaks specifically about this. Otherwise I do not think any > > property legislation denies land holding or ownership rights to blind. > > ----- Original Message ----- > > From: "Harish Kotian" <[EMAIL PROTECTED]> > > To: "Chetan Sharma" <[EMAIL PROTECTED]>; > > <accessindia@accessindia.org.in> > > Sent: Wednesday, July 26, 2006 3:41 AM > > Subject: Re: [AI] Land Rights for the Disabled > > > > > >> HI > >> I understand, at Delhi, DDA plots have been given to only women > > applicants. > >> Besides softer land taxes are there for women land owners. This was done > > to > >> strengthen monetary security to women. > >> This same paradign can be extend to disabled persons for the same motive. > >> Harish. > >> > >> ----- Original Message ----- > >> From: "Chetan Sharma" <[EMAIL PROTECTED]> > >> To: <accessindia@accessindia.org.in> > >> Sent: Wednesday, July 26, 2006 11:19 AM > >> Subject: Re: [AI] Land Rights for the Disabled > >> > >> > >> >I don't think any act so far has any specific provision or reference > >> > regarding land rights of disabled persons. It will be appretiated if > >> > somebody from a legal background can interveen at this juncture. There > > are > >> > few judgements wherein honourable supreme court of India has held that > >> > "right to live with dignity" is a fundamental right of every citizen of > >> > india. These judgements can be thoroughly studied to see if > > circomstances > >> > in > >> > a particular judgement match with any individual's situation. > >> > > >> > With regards, > >> > > >> > > >> > Chetan > >> > ----- Original Message ----- > >> > From: "Shrirang Sahasrabudhe" <[EMAIL PROTECTED]> > >> > To: <accessindia@accessindia.org.in> > >> > Sent: Wednesday, July 26, 2006 9:37 AM > >> > Subject: Re: [AI] Land Rights for the Disabled > >> > > >> > > >> >> Hi, If possible pl send it across to my id too. > >> >> > >> >> Rajani Gopal <[EMAIL PROTECTED]> wrote: Hi, If possible pl send it > >> >> across to my id too. Rajani > >> >> > >> >> On 7/26/06, George Abraham wrote: > >> >>> Dear Friends, > >> >>> > >> >>> All of us disabled have a number of rights. Would any of you have any > >> >>> information on our rights with specific context to Land Rights and > >> >>> Property > >> >>> Rights. You could send me the information if any to my personal ID > >> >>> [EMAIL PROTECTED] > >> >>> > >> >>> Thanks, > >> >>> > >> >>> George > >> >>> > >> >>> > >> >>> To unsubscribe send a message to > > [EMAIL PROTECTED] > >> >>> with > >> >>> the subject unsubscribe. > >> >>> > >> >>> To change your subscription to digest mode or make any other changes, > >> >>> please > >> >>> visit the list home page at > >> >>> > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > >> >>> > >> >> > >> >> To unsubscribe send a message to > >> >> [EMAIL PROTECTED] > >> >> with the subject unsubscribe. > >> >> > >> >> To change your subscription to digest mode or make any other changes, > >> >> please visit the list home page at > >> >> > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > >> >> > >> >> > >> >> > >> >> *********************************************************** > >> >> If you try, you risk failure. If you don't, you ensure it....I try. > >> >> Shrirang Sahasrabudhe, > >> >> Pune, India. > >> >> Phone: 0091-020-4227558. > >> >> __________________________________________________ > >> >> Do You Yahoo!? > >> >> Tired of spam? Yahoo! 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Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.10.4/401 - Release Date: 7/26/2006 To unsubscribe send a message to [EMAIL PROTECTED] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
