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Showing posts with the label Property laws for women India

Bombay and Calcutta High Courts: Comparing Key Recent Judgments

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The Bombay High Court and the Calcutta High Court are among India’s oldest and most significant constitutional courts. Their decisions frequently deal with questions involving criminal law, civil disputes, constitutional rights, administrative action, property, commercial matters and procedural safeguards. Recent judgments and proceedings before both courts show how High Courts continue to balance individual rights with statutory requirements and public interest. Although the factual circumstances before the Bombay and Calcutta High Courts are often very different, their recent decisions provide useful insight into the way courts examine due process, police powers, personal liberty, public safety and accountability. This article looks at some notable recent developments and compares the broader legal principles emerging from them. Bombay High Court: Emphasis on Due Process and Individual Rights The Bombay High Court has recently dealt with several matters where procedural safeguards a...

A Critical Review of Women’s Property Rights in India

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Women’s Right to Property Under Hindu Law   Hindu women's inheritance rights have been limited since the start. Women were not viewed as equals to men in the past, and they did not have the same rights as males in society.   Women were denied property rights because they were deemed incapable of participating in sacrificial rites and were not allowed to provide funeral cakes for the spiritual redemption of the common ancestor. This prohibition dates back to religious customs. Woman’s Property Right under Mitakshara and Dayabhaga Schools While the Dayabhaga School was practiced across Eastern India, particularly in Bengal and Assam, the Mitakshara School was practiced throughout India, with the exception of the Eastern region. Women's property rights were severely limited at Mitakshara School, where it was thought that they would never be able to become coparceners. The widow of a deceased coparcener was not permitted to enforce a division of her husband's portion agains...

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