In India, there are several groups following the matriarchal system and the female progeny getting shares as a matter of tradition. Many of the tribals follow the system as this was the ancient system when land was the prime economical factor and succession of such properties were distributed equally and in some, more to the female children. e.g. in Kerala, Nair Community (including Menon, Kurup, Nambiar..etc) was following the system whereby the female children got shares for themselves and all their children- including the foetus 3 months+, at the time of partition and the male got only one share- at the time of partition or registration of the deed. The properties-agricultural and other lands- were managed by the eldest brother/ uncle of the family, who had no rights to sell the properties without the consent of the female claimants. Moreover, a husband cannot sell the property inherited by the wife until all the children are above 18 years of age old enough to sign their consent and any prior sale was declared invalid and unsustainable in Court. This practice prevents the husband frittering away the properties and resorts to spend these on wine..etc. indiscriminately. This policy ensures safety of the woman and offsprings in the event of husband leaving her, with assured income from the lands. All these apply only to inherited properties. If a parent earns and acquires proper he if free to give it to anyone he likes. In Kerala even many Muslims and Christians mostly converts from Nairs, still follow the matriarchal system of succession. The Hindu Succession act came in as benial only for the patriarchal societies where women once married off had no right to any ancestral inherited properties. --- On Wed, 7/9/08, Dr.V.N.Sharma <[EMAIL PROTECTED]> wrote:
From: Dr.V.N.Sharma <[EMAIL PROTECTED]> Subject: [ =>> Jharkhand <<= ] Correction - Re: Implementation of The Hindu Succession (Amendment) Act, 2005 To: [email protected] Date: Wednesday, July 9, 2008, 5:40 AM Jharkhand Forum | Jharkhand.org. in/forum The opening sentence of this msg reads as The Act is in force wef 09.09.2008---- It should be 09.09.2005...... Sorry for the mistake. --- In [EMAIL PROTECTED] ps.co.in, "Dr.V.N. Sharma" <[EMAIL PROTECTED]> wrote: > > The Act is in force wef 09.09.2008 but it looks like from these letters that > this has not been implemented in any of the States in India. How come a > complete silence by one and all when it changes the whole dimension of Hindu > Succession in matters of granting Equal Right to Women in Parental > properties under this Act. My own conversation with lawyers on this issue > was an evasive reply like the daughters will get their share if parents or > succeeding brothers make a mistake of selling or partitioning the proprties > without daughters' express consent. This is once again to tag this through > litigations. vnsharma 29.06.2008 Ms. Renuka Choudhury, Minister of > State for Women & Child Welfare, Shastri Bhawan, New Delhi-110 001. Sub: > Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) > which came into force from 9th September, 2005. Hon'ble Renuka Ji, I would > like to draw your kind attention to the fact that the above referred Act > does not seem to have been implemented properly in Bihar & Jharkhand States > and daughters are still kept in dark about their Right to Equality in > matters of share in parental properties as detailed and notified in the Act. > I am sure the situation must be similar in other States too. It looks like > that separation, partition and sale-purchase registration deeds of parental > properties are being carried out in a clandestine manner without indicating > or accounting for existence of daughters and their share. If this continues > then the Act will become a piece of paper. The Act, for the first time in > Indian History, has given a sense of respectability and honour to Women by > allowing them equal rights in the parental properties. Before this Act women > had to depend totally on the mercy and kindness of their husband and > in-laws. You know better about the consequences of this mercy and kindness. > The Act, framed under your leadership, is first major step towards removal > of gender discriminatory provisions in the Hindu Succession Act, 1956 and > will surely empower women. But it looks like that that is not enough. By > looking around in the two States I am sure that our male dominated society > will not permit so easily the Right to Property to Women guaranteed under > this Act. In view of the above I request your Honour, to kindly do the > needful to ensure that the faltering States of the Union do not register > partition, separation and sale - purchase deeds of land and other movable > and immovable properties without allotting the daughters share in the > properties in black and white. This should be strictly implemented also > w.e.f. 9th Sept. 2005. You also may please advise the States to declare such > registration illegal and to initiate necessary legal action against those > individuals and the officers who have tried to circumvent the law. With > kind regards, Yours faithfully, (Sarita Kumari) saritachirag@ ... > SPEEDPOST 29.06.2008 Dr.Girija Vyas Chairperson, National Commission for > Women, 4, Deen Dayal Upadhayaya Marg, New Delhi-110 002. Sub: Implementation > of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into > force from 9th September, 2005. Dear Madam, I would like to draw your kind > attention to the fact that the above referred Act does not seem to have been > implemented properly in Bihar & Jharkhand States and daughters are still > kept in dark about their Right to Equality in matters of share in parental > properties as detailed and notified in the Act. It looks like that > separation, partition and sale-purchase registration of parental properties > are being carried out in a clandestine manner without indicating or > accounting for existence of daughters and their share. If this continues > then the Act will become a piece of paper. The Act, for the first time in > Indian History, has given a sense of respectability and honour by allowing > them equal rights in the parental properties. Before this Act Women had to > depend totally on their husband and his relatives kindness. The Act is to > remove gender discriminatory provisions in the Hindu Succession Act, 1956 > and though you are much better aware of the provisions yet I dare to > briefly put the following rights given to daughters under Section 6: · > The daughter of a coparcener cell by birth become a coparcener in her own > right in the same manner as the son; · The daughter has the same > rights in the coparcenary property as she would have had if she had been a > son; · The daughter shall be subject to the same liability in the > said coparcenary property as that of a son; and any reference to a Hindu > Mitakshara coparceners shall be deemed to include a reference to a daughter > of a coparcener; · The daughter is allotted the same share as is > allotted to a son; · The share of the pre-deceased son or a > pre-deceased daughter shall be allotted to the surviving child of such > pre-deceased son or of such pre-deceased daughter; · The share of > the pre-deceased child of a pre-deceased son or of a pre-deceased daughter > shall be allotted to the child of such pre-deceased child of the > pre-deceased son or a pre-deceased daughter. In view of the above I request > you, Madam, to kindly advise the Govt. Of India and the States of the Union > not to register partition, separation and registration for sale - purchase > of land and other movable and immovable properties without allotting the > daughters share in the properties in black and white. This should be > strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may > please be initiated against those individuals and the officers who have > tried to circumvent the law and further I request you to kindly declare such > registration illegal. Pl. acknowledge the receipt of this mail and also > inform me about the action taken. With kind regards, Yours faithfully, > (Sarita > Kumari) > Jharkhand Forum | Jharkhand.org. in/forum
