Changes

== Rights of women members of joint family ==

== Rights of women members of joint family ==

Though women were not admitted to the membership of coparcenary, they were members of the joint family and the law gave them the right to a share equal to one fourth of the share of the brothers at partition though they were not given the right to compel partition.

Though women were not admitted to the membership of coparcenary, they were members of the joint family and the law gave them the right to a share equal to one fourth of the share of the brothers at partition though they were not given the right to compel partition.<ref>Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

=== Misuse or dependence of the property of women prohibited ===

== Misuse or dependence of the property of women prohibited ==

<blockquote>"न कन्याया: पिता विद्वान्गृहणीयाच्छुल्कमण्वपि |</blockquote><blockquote>गृह्यञछुल्कं हि लोभेन स्यान्नरोऽपत्यविक्रयी ||</blockquote><blockquote>स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवा: |</blockquote><blockquote>नारीयानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् || " (Manu III-51-52)</blockquote>Meaning : No father who knows (the law) must take even the smallest gratuity for his daughter; for a man who, through avarice, takes a gratuity, is a seller of his offspring. But those (male) relations, who in their folly live on the separate property of women, (Ex: appropriate) the beasts of burden, carriages, and cloths of women, commit papa (पापम्) and suffer a downfall.

<blockquote>न कन्यायाः पिता विद्वान्गृह्णीयाच्छुल्कं अण्वपि । गृह्णञ् शुल्कं हि लोभेन स्यान्नरोऽपत्यविक्रयी । । ३.५१ । ।</blockquote><blockquote>स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवाः । नारी यानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् । । ३.५२ । ।<ref name=":0">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%A4%E0%A5%83%E0%A4%A4%E0%A5%80%E0%A4%AF%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 3].</ref></blockquote><blockquote>''na kanyāyāḥ pitā vidvāngr̥hṇīyācchulkaṁ aṇvapi । gr̥hṇañ śulkaṁ hi lōbhēna syānnarō'patyavikrayī । । 3.51 । ।''</blockquote><blockquote>''strīdhanāni tu yē mōhādupajīvanti bāndhavāḥ । nārī yānāni vastraṁ vā tē pāpā yāntyadhōgatim । । 3.52 । ।''</blockquote>Meaning :  

In view of the greater chances of exploitation of childhood and youth resulting in moral and material abandonment indulged in by those who care only for earning money through unhealthy and obscene magazines and books and audio visual equipments, now it is becoming clear only women can save childhood and youth from such exploitation. It is this aspect which is the basis of the verses in Manu.

No father who knows (the law) must take even the smallest gratuity for his daughter; for a man who, through avarice, takes a gratuity, is a seller of his offspring.  

Even now when civilization has advanced greatly and women 's performance in every field of activity is excellent, - in many cases they have surpassed men, their responsibility to be mothers and to look after the interests of children and to make them good citizens has not decreased but has increased. Still on account of the evil propensities of man towards women, they require protection against onslaught. We are seeing that atrocities on women are increasing day by day. Obscenity is spreading like wild fire through business advertisements and in various other ways. Women 's organisation are craving for protection.

But those (male) relations, who in their folly live on the separate property of women, (Ex: appropriate) the beasts of burden, carriages, and cloths of women, commit papa (पापम्) and suffer a downfall.

=== Right of Wives ===

<blockquote>"यदि कुर्यात्समानंशान्पत्न्य: कार्या: समांशिका: |</blockquote><blockquote>न दत्तं स्त्रीधनं यासां भर्त्रा वा श्वशुरेण वा || " (Yaj. III-15)</blockquote>Meaning : Wives are entitled to a share equal to that of sons at a partition. But the share is liable to be reduced by the amount of stridhana given by the husband or the father-in-law, if any, in their possession.

 

 

== Right of Wives ==

<blockquote>यदि कुर्यात्समानंशान्पत्न्यः कार्याः समांशिकाः । न दत्तं स्त्रीधनं यासां भर्त्रा वा श्वशुरेण वा । । २.११५ । ।<ref>Yajnavalkya Smrti, Vyavaharadhyaya, [https://sa.wikisource.org/wiki/%E0%A4%AF%E0%A4%BE%E0%A4%9C%E0%A5%8D%E0%A4%9E%E0%A4%B5%E0%A4%B2%E0%A5%8D%E0%A4%95%E0%A5%8D%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%BE%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83/%E0%A4%A6%E0%A4%BE%E0%A4%AF%E0%A4%B5%E0%A4%BF%E0%A4%AD%E0%A4%BE%E0%A4%97%E0%A4%AA%E0%A5%8D%E0%A4%B0%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D Dayavibhaga Prakaranam].</ref></blockquote><blockquote>''yadi kuryātsamānaṁśānpatnyaḥ kāryāḥ samāṁśikāḥ । na dattaṁ strīdhanaṁ yāsāṁ bhartrā vā śvaśurēṇa vā । । 2.115 । ।''</blockquote>Meaning : Wives are entitled to a share equal to that of sons at a partition. But the share is liable to be reduced by the amount of stridhana given by the husband or the father-in-law, if any, in their possession.

This rule recognized the right to share in favour of a wife and if there was more than one wife, all the wives were entitled to equal shares. The amount of Stridhana to be taken into account for the purpose of reducing the share was only that which was given by the husband or the father-in-law.

This rule recognized the right to share in favour of a wife and if there was more than one wife, all the wives were entitled to equal shares. The amount of Stridhana to be taken into account for the purpose of reducing the share was only that which was given by the husband or the father-in-law.

=== Right of mothers ===

== Right of mothers ==

<blockquote>"समांशहारिणी माता | "</blockquote>Meaning : Mother is an Equal Sharer.<blockquote>"समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न</blockquote><blockquote>सपत्नीमातृपरत्वमपि | सकृत् श्रुतस्य मुख्यगौणत्वानुपपत्ते: | " (Smriti Chandrika p.624)</blockquote>The expression 'mother' includes the step-mother, i.e., the other wives, if any, of the father. Their share was, however, liable to be reduced to the extent of stridhana in their possession.

<blockquote>समांशहारिणी माता | ''samāṁśahāriṇī mātā |'' </blockquote>Meaning : Mother is an Equal Sharer.<blockquote>समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न | सपत्नीमातृपरत्वमपि सकृत् श्रुतस्य मुख्यगौनत्वानुपपत्तेः ||</blockquote><blockquote>''samāṁśahāriṇī mātēti vacanāt mātr̥padasya jananīparatvāt na | sapatnīmātr̥paratvamapi sakr̥t śrutasya mukhyagaunatvānupapattēḥ ||''</blockquote><blockquote>(Smriti Chandrika p.624)</blockquote>Meaning: The expression 'mother' includes the step-mother, i.e., the other wives, if any, of the father. Their share was, however, liable to be reduced to the extent of stridhana in their possession. (Smrti Chandrika)

 

(Because of this rule, the rights of paternal grandmother or step-grandmother were also similar.) - excluded.

Because of this rule, the rights of paternal grandmother or step-grandmother were also similar.

== Rights of daughters ==

Daughters, whose marriages had taken place before partition, were given no right in the coparcenary property of their parents' joint family. As regards unmarried daughters, a share in the coparcenary property was recognised.<blockquote>स्वेभ्योऽंशेभ्यस्तु कन्याभ्यः प्रदद्युर्भ्रातरः पृथक् । स्वात्स्वादंशाच्चतुर्भागं पतिताः स्युरदित्सवः । । ९.११८ । ।<ref name=":1">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%A8%E0%A4%B5%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 9].</ref></blockquote><blockquote>''svēbhyō'ṁśēbhyastu kanyābhyaḥ pradadyurbhrātaraḥ pr̥thak । svātsvādaṁśāccaturbhāgaṁ patitāḥ syuraditsavaḥ । । 9.118 । ।''</blockquote>Meaning : To maiden sisters, each of the brothers shall give out of his share, one-fourth part. Those who fail to give shall become patita.

Kat.858, however, while repeating the rule, provides that in cases where the property is small, sons and unmarried daughters should share equally.  

Daughters, whose marriages had taken place before partition, were given no right in the coparcenary property of their parents' joint family. As regards unmarried daughters, a share in the coparcenary property was recognised.<blockquote>"स्वेभ्योंऽशेभ्यस्तु कन्याम्य: प्रदधुर्भ्रातर: पृथक् |</blockquote><blockquote>स्वात्खादंशाच्चतुर्भागं पतिता: स्युरदित्सव: || " (Manu IX 118)</blockquote>Meaning : To maiden sisters, each of the brothers shall give out of his share, one- fourth part. Those who fail to give shall become patita.

Kat.858, however, while repeating the rule, provides that in cases where the property is small, sons and unmarried daughters should share equally. The Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations, the latest being the Hindu succession Act, 1955 under which a daughter is an equal sharer along with the son in the property of the father.

(The Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations, the latest being the Hindu succession Act, 1955 under which a daughter is an equal sharer along with the son in the property of the father.) - excluded.

=== Stridhana ===

=== Stridhana ===

Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. The rule of succession to Stridhana was that it would go to

Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. The rule of succession to Stridhana was that it would go to daughters, to the exclusion of the sons and, to the sons only in the event of there being no daughters.

daughters, to the exclusion of the sons and, to the sons only in the event of there being no daughters.

=== Exception to women's property from the law of adverse possession ===

=== Exception to women's property from the law of adverse possession ===