-AndrewYule.jpg "Andrew Yule")
Is equal property rights among couples a fair proposition?
GN Bureau | February 06 2012
The planning commission has suggested that property laws be amended to grant equal rights to each partner in a marriage or a live-in relationship over property (immovable and movable) acquired after the marriage or moving in together — irrespective of who bought it.
The suggestion seems progressive on the face of it. This will grant economic security to homemakers who have to give up on income earning options because of the nature of their work in case the marriage or the live-in relationship gets dissolved. It also recognises the work of the partner who assumes the role of the homemaker putting her/him on a par with the earning partner. In the case of women, especially, it recognises their contribution to the running of the household.
However, the suggestion, if implemented, could subvert the fight against the practice of dowry. In case of a marriage where dowry has been taken, the assets so acquired will be then treated as joint assets. So, in case of separation, despite the best intentions, the suggestion itself would promote an unequitable distribution. The woman may end up losing half of what she and/or her parents had paid for.
Considering the above, do you think an equal distribution of property in case of dissolution of marriage or live-in is a fair proposition?
yss a strong YES.In fact i wd like go further that women being better keepers & managers of material should hv stroger say in propety matters between couples.Rarely u hear a lady opting for sanyas & least so fm affluent strata of society as against men.So equal property rights .....sooner the better.....dr sharma
Note, the keyword has to be equitable, not equal. In some cases, the homemaker should be entitled to more than a half as she/he has sacrificed career prospects and the economic security that comes with it. a future value of a career based on a person's qualifications (academic, non-academic and professional) should be considered for alimony, child support and property distribution. it should be made a part of a legally-binding pre-nup. we do not have the concept of a pre-nup in India. It is time we recognise the need for it and make the necessary laws.
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