Suicide: A Crime?

 

 

            Few years ago, Mohini a resident of Odisha, an adorable daughter of a rich family got married in a grand Ceremony and got gifts of 62 tolas gold (12 gram per one tola) and a four wheeler with many more costly gifts, which was just a very little part her father's  property. After seven years of marriage her husband addicted of some bad habits and faced huge loss in his business and sold off all her jewelry, Four Wheeler and the  house also and then he gave up on life and committed suicide, at that time Mohini had two Children and she was penniless with burden of debt of her husband. Her father passed away during the same time, adding to her dismay and her brothers refused to help Mohini. Having left with no other option, Mohini decided to seek help of Court for her legitimate share. She was unaware of her legitimate share in her father's property as per Hindu Law till she met her Lawyer. 

            There are two important Laws with respect to the share of women i.e., 1) Hindu Succession Act, 2005 and 2) Indian Succession Act, 1925. There are Two Legal Terms i.e., Testamentary and Intestate.

Testamentary: A Registered Will plays main role in Testamentary. For example: If father or mother legally bequeathed their self-earned whole property to their son through a will, then it's final.
 
 Intestate: A person who dies without a writing a will, in that case the property should be divided equally between all of their children irrespective of gender according to Law.

            The married daughter on death of her father in 1963 were not entitled to a share in the Coparcenary property. Only sons obtained the property by way of survivorship. The Statutory portion has been in existence in Section 6 of Hindu Succession Act since 1956 and is continued by the 2005 Amendments.

            As per Amended Section 6 of Hindu Succession Act, 1956 a woman is entitled to the properties of both her husband and parents. The Amendment Act, 2005 prescribed that a woman could be coparcenary by birth as the son.  However, is not applicable in case of a daughter whose father is not alive at the time of the Amendment i.e., at the time of introduction of provision of section 6 Hindu Succession Act. In Prakash Vs. Phulavati (2015),  the Hon'ble Supreme Court ruled that if the father passed away prior to the 2005 amendment, his daughter(s) have no right to the coparcenary property.
           
         Recently in the year 2020, Hon'ble Supreme Court held in the Vineeta Sharma Vs. Rakesh Sharma, that a coparcener's legal right flows from being born in the family and she will have right to the coparcenary property irrespective of whether the father was alive or not at the time of 2005 amendment. In case of death of his daughter before the amendment, her share can be passed on her children. Really it is a land mark Judgement in history passed by the Hon'ble Supreme Court which changed the life and relation of a woman with her family.

            It is ironic how men expect their wives to bring property from her paternal homes but are not willing to give the legitimate share to their sisters!

           In my opinion, women should refrain from having grand weddings and the concept of dowry should be abolished. These should be replaced with an equal share in property when the time comes.