Muslim Woman's Right Over Husband's Property Vis-À-Vis Others

Much like countries across the world, the property rights of Indian women too have evolved amidst a continuous tug-of-war between the fundamentalists and the reformists. And much like women of other nationalities, Indian women too get a raw deal when it comes to getting their dues. 

As India is home to diverse religions and cultures, in terms of property rights too, there is no uniform law as every religion is governed by its own set of personal laws. While Hindus (including Sikhs, Jains and Buddhists) are governed by one law, Christians are governed by Indian Christian Marriage Act, 1872, while Muslims have not codified their personal law on matters related to property and marriage. In a nutshell, the property rights to Indian women get determined by the religion she belongs to, the part of the country she comes from, whether she is married or single, among others.

Upon divorce

Muslim woman: Violating Articles 14 and 15 of the Constitution which guarantee equality before the law and no discrimination on the basis of gender, religion or caste, a Muslim woman can't do much if she has been divorced by her husband.  Her husband is liable to maintain her during the iddat. In Danial Latifi vs Union of India, the SC has held that Section 3 of "Muslim Women Protection of Rights on Divorce Act" entitles that maintenance can be granted beyond iddat period. It also said that a Muslim woman can seek maintenance from her ex-husband under Section 125 CrPC, till she remarries. But, the Shariat says that accepting or offering maintenance beyond Iddat period is haraam (illegitimate) as all relationship between man and woman cease after the end of iddat period.

If the divorced wife and minor child are unable to maintain themselves, the husband is liable to give them monthly maintenance. 

As far as getting property is concerned, a Muslim woman is entitled to dower that she got from her husband at the time of marriage. If the husband wishes, he can give away anything to his wife but it's not binding on him.

Recently, upholding the rights of Muslim women, the Allahabad High Court had said: “Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quran. Personal laws of any community cannot claim supremacy over the rights granted to individuals by the Constitution," the court said. 

Hindu woman: As far as the division of property goes, a Hindu woman is the joint co-owner of her husband's residential property even if the property is not in her name. Upon divorce, she is entitled to get the 50 per cent share in his residential estates. For the remaining, the quantum of the share varies from one case to another. As far as her streedhan (property she got at the time of marriage from either sides) is concerned, she is the absolute owner.

Christian woman: The Indian Divorce Act states that during the period when the divorce case is in the court, the husband has to give one-fifth of his salary for the maintenance of his wife. Later, the maintenance can be given either yearly or in the form of alimony. If a divorced Christian wife cannot support her in the post-divorce period, she can apply for alimony/maintenance in a civil court or high court and, the husband will be liable to pay her alimony such sum, as the court may order, till her lifetime under S.37 of the Indian Divorce Act, 1869.

Upon desertion

Muslim woman: A Muslim woman is entitled to maintenance from her husband. If her husband fails to give her maintenance, she can move court. The magistrate can ask her relatives to maintain her and if they can't do it then the Wakf board will have to maintain her till her children become financially independent. 

Hindu woman: Codified in the Hindu Adoptions and Maintenance Act, 1956, a Hindu woman is entitled to maintenance if she does not remarry. The court considers a large number of factors before awarding the maintenance.

Christian woman: A deserted wife is entitled to maintenance from her husband, but his failure to provide the same can be ground for divorce.  A Christian woman has to live separately for two years before she can seek a divorce. 

Upon death of her husband

Muslim woman: In the event of the death of her husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). If there is more than one wife, the share may diminish to one-sixteenth.

Hindu woman: A Hindu woman is entitled to an equal share in her late husband's property along with her children and mother-in-law (Class I heirs). In 2008, the Supreme Court of India decided that a widow who remarries can keep the share of her dead husband's property. 

Christian woman: As per the Indian Succession Act, 1925, a Christian widow is entitled to one-third share in her late husband's property. The remaining share goes to her children. In the absence of children, the widow gets Rs 5,000 and half a share in the estate.  Her share fluctuates with the presence or absence of lineal descendants. For instance,  she gets rights over the entire property only in absence of distant kin of the deceased husband extending up to great-great uncle or great uncle's son, but a widowed daughter-in-law has no right in her father-in-law's property.