A Brief Account on Andre Lefevere’s Manipulation Theory

A Brief Account on Andre Lefevere’s Manipulation Theory Abstract: In 1990s,there was a wave breakthrough in translation theory made by Andre Lefevere and Susan Bassnett. They went beyond the word-to-word or text level in translation studies and developed it to culture studies, later termed by Mary Snell-Hornby as ‘cultural turn’. This article mainly deals with one kind of culture turn put forward by Andre Lefevere, that is, translation as rewriting. ä ¸ ­Ã¥â€º ½Ã¨ ® ºÃ¦â€"‡ç ½â€˜ http://www.xzbu.com/5/view-2131279.htm Key Words: cultural turn; rewriting; ideology; patronage; poetics ä ¸ ­Ã¥â€º ¾Ã¥Ë†â€ Ã§ ± »Ã¥  ·: I06æâ€"‡çÅ' ®Ã¦  â€¡Ã¨ ¯â€ Ã§   :D æâ€"‡ç «  Ã§ ¼â€"Ã¥  ·:1006-026X(2009)-14-0168-02 1. Introduction In the year 1990,after the publishing of the book named Translation, History and Culture†¦show more content†¦There are two main factors that manipulate the literature, one is within the literary system and the other is outside it. As for the former one, it refers to the professionals within the literary system which include critics and reviewers (whose comments affect the reception of a work), teachers (who often decide whether a book is studied or not) and translators themselves. With regard to translators themselves, Fitzgerald is a good example. He has successfully translated the Persian poem Rubaiyat written by Omar Khayyam. Rubaiyat is a love poem composed of quatrains which makes it ve ry difficult to translate. Fitzgerald has translated it so beautifully that his translation was accepted by a large number of English speakers. Thus, Rubaiyat come into English literature. And Fitzgerald’s translated version is widely considered to be superior to the source text. As for the latter one, it refers to patronage outside the literary system. Patrons may be an influential, powerful individual in a given historical era and groups of people, which include publishers, the media, a political class or party, and institutions which regulate the distribution of literature and literary ideas. These are â€Å"the powers that can further and hinder the reading, writing, and

Lorraine Hansberry s A Raisin - 1288 Words

Lorraine Hansberry’s A Raisin in the Sun can be deliberated as a milestone in American art because it speaks on so many concerns vital during the 1950s in the United States. The 1950s are commonly ridiculed as an era of complacency and conformity, embodied by the growth of money-making culture and suburbia. Underneath the economic victory that followed America in the years after World War II brewed a rising racial tension. The stereotype of 1950s America as a land of black’s satisfied with their lesser status resulted in an upsurge of social anger that would find a voice in Hansberry’s masterpiece. However, the significance was somewhat lost and skewed by the White Americans as so thoroughly described in Robin Bernstein’s article. â€Å"Inventing the Fishbowl: White Supremacy and the Critical Reception of Lorraine Hansberry’s A Raisin in the Sun† is written by Bernstein who is a professor of African and African American Studies at Harvard. Bernstein wrote an exceptional article in which every piece of evidence brought forth, such as the mention of prejudiced views of the audience, constructing African American culture to a point of comprehension and lastly disregarding Hansberry’s opinions on class and politics reveals every bit of truth behind her argument. She states that White Americans fail to recognize that A Raisin in the Sun could have both general and specific applications because individuals of the majority need to produce a paradoxical illusion called the fishbowl.Show MoreRelatedLorraine Hansberry s A Raisin1120 Words   |  5 Pagesâ€Å"A raisin in the sun† was written by Lorraine Hansberry. The play was not expected to do so well because it had one white cast member, an inexperienced director, and an untried playwright. Set in the south side of Chicago in the 1950s, the play begins in the morning in the Youngers apartment. Their apartment has two bedrooms, one for mama and Beneatha, and o ne for Ruth and Walter, while Walter’s son Travis sleeps on the couch in the living room. Ruth gets up first and talks and Walter and TravisRead MoreLorraine Hansberry s A Raisin1474 Words   |  6 PagesLorraine Hansberry created the play A Raisin in the Sun. A Raisin in the Sun recounts an anecdote about The Youngers who is a poor African American family living on the Southside of Chicago. A chance to escape from neediness comes as a $10,000 extra security watch that the female authority of the family (Lena/Mama) gets upon her significant other s passing. Lena s kids, Walter and Beneatha, each have plans with the cash. The most established child, Walter (a man of 35 with a spouse and a youthfulRead MoreLorraine Hansberry s A Raisin1758 Words   |  8 Pagesare located right within the â€Å"Black Metropolis†. Lorraine Hansberry’s play A Raisin in the Sun takes place in Southside Chicago in the 1950s. It revolves around the Younger family who bought a house i n a white neighborhood with the money of Big Walter’s insurance check. But they are facing problems from the neighborhood as the â€Å"welcoming committee† offers to buy the house of off them just so they will not move into the neighborhood. In the play A Raisin in the Sun one of the many issues the YoungerRead MoreLorraine Hansberry s A Raisin1278 Words   |  6 Pages A Raisin In The Sun by Lorraine Hansberry is a realistic fictional drama in which the play s title and the characters represent the play s theme. The play focused on black American struggles to reach the American Dream of life, liberty, and the pursuit of happiness during the 1950’s and the 1960’s. The idea of everyone having the chance to achieve a better life should exist for all. Hansberry created her title using a line from Langston Hughes’ poem â€Å"A Dream Deferred† the original poem wasRead MoreLorraine Hansberry s A Raisin869 Words   |  4 Pagesand I pass them cool quiet looking restaurants where them white boys are sitting back and talking bout things†¦sitting there turning deals worth millions of dollars†¦sometimes I see guys don’t look much older than me’’- (1.2.226). A Raisin in the Sun by Lorraine Hansberry was published in 1959, develops the plot of an African American family facing a war against racism in the slums of Chicago. They are a family of 5 squeezed in a two-bedroom apartment, they are restricted socially and financially withRead MoreLorraine Hansberry s A Raisin1147 Words   |  5 PagesIn A Raisin In The Sun by Lorraine Hansberry. Broward College, Central Campus Theater in building 6, on Sunday, the 1st of November. The play was performed by Broward College students. The type of stage was Proscenium stage with extended apron. I thought it was a little bit small, but it did not show as a problem. The pre-show was dark and a feel of suspense. I felt excited to see how everything would play out. The play takes place down south of Chicago in the 1950’s. The production was much aRead MoreLorraine Hansberry s A Raisin1995 Words   |  8 Pages In A Raisin in the Sun, Lorraine Hansberry utilizes the insurance check to symbolize the American Dream as the check provides the members of Younger family with the opportunity to achieve their aspirations. The concept of the check reveals Walter’s and Mama’s perceptions of themselves and of their lifestyle, and their responses to the check reveals their contrasting approaches for escaping their impoverished world; therefore, Walter’s and Mama’s characteristics and reaction to the arrival of theRead MoreLorraine Hansberry s A Raisin Of The Sun1527 Words   |  7 Pagesâ€Å"A Raisin in the Sun† is about the Younger Family who live in a small apartment in Chicago. The family is torn apart as every member has different dreams and goals, yet Mama and her daughter-in-law Ruth desperately attempt to hold the family all together. In both the movie and the play, the family’s dreams remain the same. Mama wants her family to get along and she wants t o purchase a house. Her son, Walter, wants the life insurance money from his father to invest in a liquor store to achieve hisRead MoreLorraine Hansberry s A Raisin Essay1445 Words   |  6 Pages A Raisin in the Sun is a dramatic play written by Lorraine Hansberry in 1957 and debut on Broadway in 1959. Lorraine Hansberry used the title A Raisin in the Sun from Harlem A Dream Deferred a poem by Langston Hughes, Which ponders the question of what happens to a dream if it’s never achieved. The play helps shed light on the lives and struggles of a black family during the Civil Rights movement. The play was set in the Southside of Chicago during the Civil Rights movement, sometime between 1945Read MoreLorraine Hansberry s A Raisin982 Words   |  4 Pagesauthor is talking about, it is better to ask them directly in person, but the unfortunate part is that they might be dead. In the play, A Raisin in the Sun, the author, Lorraine Hansberry, choose to name her play from a famous poem by Langston Hughes. It is difficult to really know why she choose Hughes’ poem but there are reasons to infer. Lorraine Hansberry choose to name her play after Langston Hughes’ poem because of what the poem meant and that poem closely related to the characters within the

Hindu Women and Their Coparcenary Rights Free Essays

string(64) " both male and females are equally the members of joint family\." NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL VI TRIMESTER FAMILY LAW – II HINDU WOMEN AND THEIR COPARCENARY RIGHTS SUBMITTED TO – SUBMITTED BY – Ms. Kavita Singh Archana 2011 B. A. We will write a custom essay sample on Hindu Women and Their Coparcenary Rights or any similar topic only for you Order Now ,LL. B 79 VI Trimester INDEX SERIAL NUMBER |HEADINGS |PAGE NUMBER | |(1) |INTRODUCTION |3 | |(2) |TRADITIONAL POSITION |4 | |(3) |DAYABHAGA COPARCENARY SYSTEM |4 | |(4) |MITAKSHARA COPARCENARY SYSTEM |4 | |(5) |MARUMAKKATTYAM LAW |5 | |(6) |POSITION OF WOMEN UNDER CONSTITUTION |6 | |(7) |CONCEPT OF COPARCENARY AND JOINT PROPERTY |7 | |(8) |PARLIAMENTARY DEBATE |7 | |(9) |SECTION 6 OF HINDU SUCCESSION ACT |8 | |(10) |NEW COPARCENARY UNDER STATE ACTS 10 | |(11) |WOMAN AS KARTA |12 | |(12) |JUDICIAL INTERPRETATION |13 | |(13) |PROBLEMS OF COPARCENARY RIGHTS OF WOMEN |14 | |(14) |RECOMMENDATIONS |15 | |(15) |CONCLUSION |16 | |(16) |BIBLIOGRAPHY |17 | INTRODUCTION The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, sex and creed. The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Since time immemorial the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being. Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law. Consequently in matters of succession also, there were different schools. The multiplicity of succession laws in India, diverse in their nature, owing to their varied origin made the property laws even mere complex. The ultimate sufferers of these complexities are women as their position regarding property rights is vulnerable in a coparcenary system. In our project we are trying to analyze the discrimination against women under Hindu Succession Act, 1956. The paper begins with a study of devolution of property in various traditional schools. It then proceeds to analyze the position of women in the Constitution of India. The focus of this paper is on the concept of coparcenary and the inherent discrimination meted on the women by depriving them proprietary rights in the Hindu Succession Act, 1956. Finally, we have analyzed the new notion of coparcenary under various State amendments and the pros and cons of these amendments in the light of right to equality guaranteed under the Constitution of India. TRADITIONAL POSITION The entire concept of coparcenary originates in the Classical Hindu law, so it becomes imperative to understand the position under these traditional schools before we proceed further – THE DAYABHAGA COPARCENARY SYSTEM The Dayabhaga School is followed in primarily in West Bengal, Bihar, Assam and parts of Orissa. According to this school neither son nor daughter gets by birth or by survivorship a right in the family property, though joint family and joint property is recognized in this school. It lays down only one mode of succession and the same rules of inheritance apply whether the family is divided or undivided and whether the property is ancestral or self-acquired. In this school neither sons nor daughters become coparceners at birth nor do they have rights in the family property during their father’s lifetime. However, on his death, they inherit as tenants-in-common. It is a remarkable feature of the Dayabhaga School that the daughters also get equal shares along with their brothers. But, since this ownership arises only on the extinction of the father’s ownership none can compel the father to partition the property in his lifetime and the latter is free to give or sell the property without their consent. Therefore, under the Dayabhaga law, succession rather than survivorship is the rule. If one of the male heirs dies, his heirs, including females such as his wife and daughter would become members of the joint property, not in their own right, but representing him and manage the property on behalf of the other members in the Dayabhaga School. MITAKSHARA COPARCENARY SYSTEM The Mitakshara law is followed extensively in India. According to this school, a son by birth acquires a right and interest in the joint family property. But, the interest in the property is restricted to three generations of male lineal descendants, which includes son, grandson and the great grandson. These three constitute a class of coparceners, based on birth in the family. Under the Mitakshara system, joint family property devolves by survivorship within the coparcenary. This means that with every birth or death of a male in the family, the share of every other surviving male either gets diminished or enlarged. For example, if a coparcenary consists of a father and his two sons, each would own one third of the property. If another son is born in the family, automatically the share of each male is reduced to one fourth. But, no female is recognized as a member of the coparcenary in Mitakshara law. We find many variations of this school in different parts of India. According to the Bengal, Banaras and Mithila sub- schools of Mitakshara recognise five female relations—  widow, daughter, mother, paternal grandmother, and paternal great-grand mother as being entitled to inherit. [1] The Madras sub-school recognized the heritable capacity of a larger number of females including the son’s daughter, daughter’s daughter and the sister’s heirs who are expressly named as heirs in Hindu Law of Inheritance (Amendment) Act, 1929. [2] The son’s daughter and the daughter’s daughter ranked as bandhus in Bombay and Madras. The Bombay school which is most liberal to women, recognizes a number of other female heirs, including a half sister, father’s sister and women married into the family such as stepmother, son’s widow, brother’s widow and also many other females classified as bandhus. THE MARUMAKATYAM SYSTEM This system prevailed in Kerela wherein the family was joint and a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line i. e. matrilineal. The joint family so formed is known as Tarwad. In this system both male and females are equally the members of joint family. You read "Hindu Women and Their Coparcenary Rights" in category "Papers" Son be the member of mother’s coparcenary but son’s son would not be the member of this system. He will be member of his mother’s Tarwad. Here both male and female accrues interest in property. This system explains how traits moved towards matriarch cal from patriarch cal. However, joint family system in Kerela are abolished by Kerela Joint Family Abolition Act. But even today at some places customary law governs. THE POSITION OF WOMEN UNDER THE CONSTITUTION OF INDIA The framers of the Indian Constitution have taken special care to ensure that the State should take positive steps to give women equal status with men. Articles 14, 15(2), (3) and Article 16 of the Constitution of India, attempt not only inhibit discrimination against women but in appropriate circumstances provide a free hand to the State to provide protective discrimination in favour of women. Also Part IV of the Constitution which contains the Directive Principles of State Policy interalia provides that the State shall endeavor to ensure equality among individuals[3]. Notwithstanding these Constitutional mandates and directives, a woman is still neglected and the rights of the women is blatantly disregarded by some of the provisions of personal laws like the inherent discrimination and inequality in the Mitakshara coparcenary under Section 6 of the Hindu Succession Act, 1956. But, to say that coparcenary rights under Mitakshara system violates Article 14 raises an important question- Does â€Å"laws in force† in Article 13(1) of the Constitution include personal laws? The Apex Court has yet to give a definitive view on this point. But in State of Bombay v Narsu Appa Mali[4] the Bombay High Court took the view that the term â€Å"laws in force† includes only laws passed or made by legislature or other competent authority and does not include personal laws. But in the Supreme Court in Sant Ram v Labh Singh[5] and in Shri Krishna Singh v Mathura Ahir[6] has accepted the contrary. But, Seervai is of the opinion that- â€Å"We have seen that there is no difference between the expression ‘existing law’ and the ‘law in force’ and consequently, personal law would be ‘existing law’ and ‘law in force’. This consideration is strengthened by the consideration that custom, usage, and statutory law are so inextricably mixed up in personal law that it would be difficult to ascertain the residue of personal law outside them†[7] THE CONCEPT OF COPARCENARY AND JOINT PROPERTY In the Hindu system, ancestral property has traditionally been held by a joint Hindu family consisting of male coparceners. Coparcenary can be defined as a narrower body of persons within a joint family and consisting of father, son, son’s son and son’s son’s son. Ancestral property continues to be governed by a wholly partrilineal regime like the Mitakshara school, wherein property descends only through the male line as only the male members of a joint Hindu family have an interest by birth in the joint or coparcenary property. Since a woman cannot be a coparcener, she is not entitled to a share in the ancestral property by birth. But a son’s share in the property would increase in case the father dies interstate would be in addition to the share he has on birth. This is a clear discrimination against women. PARLIAMENTARY DEBATE ON THE ADOPTION OF MITAKSHARA COPARCENARY SYSTEM The  provisions regarding succession in the Hindu Code  Bill, as  originally  framed  by  the  B. N. Rau  Committee  and piloted   by   Dr. Ambedkar,  Ã‚   was  Ã‚   for  Ã‚   abolishing  Ã‚   the Mitakshara   coparcenary with its concept of survivorship   and the son’s right by birth in a joint family   property and substituting it with the principle of inheritance by succession. These proposals met with a storm  of conservative opposition. The  extent  of  Ã‚   opposition within the government itself can be gauged from   the   fact   that   the   then   Law Minister Mr. Biswas, on the floor of the house, expressed   himself against   daughters   inheriting property from their natal   families. Sita Ram S Jajoo from  Madhya  Bharat, identified  the  reason for the opposition accurately,  when he stated:   â€Å"Here we feel the  pinch  because it touches our   pockets. We male members of this house are in a huge majority. I do not wish that the  tyranny  of the majority may be imposed on the minority, the female members of this house. â€Å"[8] However, the majority   prevailed when the Bill was finally passed in 1956. When Dr. Ambedkar was questioned as to how the provisions relating to coparcenary was retained in spite of strong opposition he said:   â€Å"It was not a compromise. My enemies combined with my enthusiastic supporters thought that they  might damn the Bill by making it appear worse than it was. [9] By the retention of the Mitakshara coparcenary without including females it meant that females cannot inherit ancestral property as males do. If a joint family gets divided, each male coparcener takes his share and females get nothing. Thus the law by excluding the daughters from participating in coparcenary ownership not only contributed to an inequity against females but has led to oppression and negation of their right to equality and appears to be a mockery of the fundamental rights guaranteed by the Constitution. [10] SECTION 6 OF THE HINDU SUCCESSION ACT, 1956. Section 6 deals with the devolution of interest of a Hindu male in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. The provision relating to co-parcenary property in the Hindu succession Act 1956 is Section 6 which provides that if a male Hindu dies leaving behind his share in Mithakshara Co-parcenary property, such property will pass on to his sons, son’s son’s, son’s son’s son by survivorship, on surviving members. In case there are female relatives like daughter, widow, mother, daughter of predeceased son daughter of predeceased daughter widow of predeceased son, widow of predeceased son of a predeceased son, then the interest of the deceased co-parcenary will pass on to his heirs by succession and not by survivorship. Example: If â€Å"c† dies leaving behind his two sons only, and no female heirs of class I then property of â€Å"C† passes to his sons by survivorship since there are no female relatives like daughter or any other member specified in the class I of first schedule. In case â€Å"C† dies leaving behind two sons and three daughters, then property of â€Å"C† will pass on to his sons and daughters by succession in the following manner. Firstly property of â€Å"C† is divided among â€Å"C† and his two sons. The shares of â€Å"C† and his two sons are C gets one-third and each son one-third. The sons are entitled to the equal share of the property along with the father. But the daughters are entitled to the share in the share of the deceased â€Å"C† along with other sons. So the sons will get one-third of the property and a share, which is one-fifth in the share of deceased â€Å"C†. Even under the Hindu Succession Act, 1956 the daughter does not take equal share with the son. The law by excluding daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed in the Constitution having regard to the need to render social justice to women. HINDU SUCCESSION (AMENDMENT) ACT, 2005 W. R. T SECTION 6 Considering the Principle of Equality under The Constitution, Hindu Succession (Amendment) Act, 2005 came up. According to amendment, the daughter of a coparcener shall- 1) By birth become a coparcenary in her own right in the same manner as the son; 2) Have same rights in the coparcenary as she would have had if she had been a son; 3) Be subject to same liabilities in respect of the said coparcenary property as that of a son, 4) She is allotted the same share in property as that to son. And any reference to Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener. Now the mode of devolution is no more survivorship but has become succession. This is a drastic amendment, which has changed the whole scenario. Now women are not anyway unequal to men. This is a step taken to bring them at par with men in this society. NEW COPARCENARY UNDER STATE ACTS The concept of the Mitakshara coparcenary property retained under Section 6 of the Hindu Succession Act has not been amended ever since its enactment. But, five states in India namely, Kerela, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka[11] have taken cognizance of the situation an have made necessary amendments. As per the law of four of these states,   (Kerela excluded), in a joint Hindu family governed by Mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. Kerela, however, has gone one step further and abolished the right to claim any interest in any property of an ancestor during his or her lifetime founded on the mere fact that he or she was born in the family. In fact, the Kerela Act has abolished the Joint Hindu family system altogether including the Mitakshara, Marumakkattayam, Aliyasantana and Nambudri systems. In Kerela the joint tenants has been replaced by tenants in common. The approach of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly different from that of Kerela and these states instead of abolishing the right by birth strengthened it, while broadly removing the gender discrimination inherent in Mitakshara coparcenary. The broad features of the legislations are more or less couched in the same language. The State enactments in these four states provide that— a) the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara law, shall become a coparcener by birth in her own right in the same manner as the son and have similar rights in the coparcenary property and be subject to similar liabilities and disabilities; (b) On partition of a joint Hindu family of the copa rcenary property, she will be allotted a share equal to that of a son. The share of the predeceased son or a predeceased daughter on such partition would be allotted to the surviving children of such predeceased son or predeceased daughter, if alive at the time of the partition. (c) This property shall be held by her with the incidents of coparcenary ownership and shall be regarded as property capable of being disposed of by her by will or other testamentary disposition. (d) The state enactments are prospective in nature and do not apply to a daughter who is married prior to, or to a partition which has been effected before the commencement of the Act. In Kerela Section 4 (i)[12]of the Kerela Joint Family System (Abolition) Act, lays down that all the members of a Mitakshara Coparcenary will hold the property as tenants in common on the day the Act comes into force as if a partition had taken place and each holding his or her share separately. But the major criticism against the Kerela model is that if the Joint family was abolished today in the other states then a deemed partition would take place and women not being coparceners would get nothing more. Whereas if they are made coparceners, then they become equal sharers. WOMEN AS KARTA The law commission has rightly observed that although the Hindu Succession (State Amendment) Acts have conferred upon the daughter of a coparcener status but there is still reluctance to making her a Karta. This is because of the general male view that she is incapable of managing the properties or running the business and is generally susceptible to the influence of her husband and his family, if married. This seems to be patently unfair as women are proving themselves equal to any task and if women are influenced by their husbands and their families, men are no less influenced by their wives and their families. If women can act as coparcenaries then they must also be given the powers of Karta. The shastra is clear that in the absence of senior member a junior member (if he has reached the age of legal competence) may incur debts for the needs of the family, and in the absence of a male member a female member may do so[13]. The Sanskrit texts empower women to act, as Karta in instances like when the husband is away or missing or the son is yet to attain majority. Various texts go to prove that the ‘women in defacto is independent; as soon as her husband returns or her son attains majority she becomes dependant, but meanwhile the responsibility rests with her, and the powers should be obviously be allowed to her accordingly’. [14] It is ridiculous to contend that a lady may be fit to be a High Court Judge she is not entitled to exercise within her own family the discretion that a manager can exercise. [15]  Ã‚   JUDICIAL INTERPRETATION There are conflicting opinions of the various High Courts on the question of women coparcenary and thus a Karta. The matter for the first time came up before a full Judge Bench of the Nagpur High Court in Kesheo v Jagannath[16] where it was held that â€Å"any adult member may be the manager of the joint family, and in case of a need a step mother could bind her step son, who was a minor, by alienation of the joint Hindu family property in whatever character she purported to act†. The next case that dealt with this problem was Hanooman Prasad’s Case[17] where the powers of the widow mother as a manager of the property of her minor son was discussed. The Court in this case held that â€Å"the test of the lady’s act was not who she was or in what capacity she purported to act? But whether the act was necessary or the minor’s interest as understood by law†. The same view was followed in Pandurang Dohke v Pandurang Garle[18], where the widowed mother passed a promissory note for necessity, as a guardian of her two minor sons. She was a defacto manager and was held to have the managerial powers and the sons could not repudiate the debt. The view of female being the manager of the Joint Hindu family was further strengthened when the Woman’s Right to Property Act, 1937 was passed, which made the widow the owner of the coparcenary interest. But the Madras High Court in- Seethabai v Narasimha[19] gave a contrary decision. In this case the widows claimed that they were the undivided members of the coparcenary by virtue of the operation of the Act of 1937, they objected to the appointment of the guardian for the property of the minor sons. The Court appointed one widow, as the guardian of one minor and a stranger was appointed as the guardian of the other. None of the widows, it was held could be the manager. It was held that to be a manager one must be a pukka coparcener, a male with a birth right and not a mere statutory interest. This decision took a step back and adversely affected the position of women. The similar strand of thought was followed in Mayuri Padhano v Lokananidhi Lingaraj[20] where it was held that a mother, when the husband is alive, couldn’t be a manager. She might indeed act as a guardian of her son, if her husband was dead and perhaps act as a defacto guardian. But as a manager she had no power whatsoever. The principle that a woman could be a manager was decisively rejected. The High Court of Patna has asserted the same view in Sheogulam v Kishan Choudhuri[21], it was denied that a mother of a minor son, during the long absence of her husband might act as a ‘Karta’ and incur debts for family purposes and further that such loans would not be binding up on the family. The matter finally came up before the Hon’ble Supreme Court in Commissioner of I. T. v Seth Govindram Sugar Mills[22], where it upheld the view taken by the Madras High Court and has overruled the decision of Nagpur High Court as they felt that it was contrary to the established rules in the dharmashashtras. SUCCESSION TO PROPERTY OF FEMALE HINDU For the first time in the Indian History U/S 14 of the Hindu Succession Act 1956, female Hindu is given absolute ownership over the property acquired by Will, sale or by any other lawful means. So far as succession to property of female Hindu is concerned the daughter, son, and the husband takes equal share by succession, which means while she is living no member can demand partition of the property. She can dispose the property either by will or by sale, if she dies without disposing the property then members gets right to inherit the property by succession. Section 15 of the Hindu Succession Act deals with the devolution of the property owned by Hindu female. If the Hindu female has inherited any property from her father or mother, such property devolves upon the heirs of her father, if there are no legal heirs, which are specified in Section 15, like son, daughter, children of predeceased son or daughter. Likewise if the Hindu female has inherited any property from her husband or father in law, such property will devolve on the heirs of her husband if there no legal heirs like son, daughter, and children of predeceased son or daughter. DWELLING HOUSE But in case of dwelling house, the daughter U/S 23 of the Hindu Succession Act 1956, cannot claim any share by partition until male members choose to divide the share in the dwelling house. In case the daughter is unmarried, she is entitled to a right of residence there in. The daughter may loose her right to share in the property in any of the following circumstances: Section (26) – if daughter ceases to be a Hindu by converting to another religion. Section (25) – if daughter commits murder or abets the commission of murder of a person whose property she could have inherited. However she will not be disqualified to inherit the property only by reason of any disease, defect or deformity. PROBLEMS BY GIVING COPARCENARY RIGHTS TO WOMEN 1) Male members of the coparcenary oppose the giving of coparcenary rights to women as they are the one who manage the property. 2) Women after marriage have to change their family relations and they support their husbands in amily matters, which is quite unsatisfactory for the maternal family members. CONCLUSION There will no doubt be opposition in implementation. In fact, the land fragmentation and joint family stability arguments go back to the 1940s when the Hindu Code was being debated. Changing social at titudes takes time. Legal awareness will require a campaign too. But legal reform is also important in and of itself since it reflects our vision of the kind of society we want. BIBLIOGRAPHY 1) Deewan Paras, Family Law, Allahabad Law agency 6 ed. 2) www. google. com 3) www. yahoo. com ———————– [1] Mulla, Principles of Hindu Law 17th ed by S. A. Desai, p. 168. (1998) [2] Ibid. 3] Article 38(2) – The State shall strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only among individuals but also amongst groups of people residing in different or engaged in different vocations. [4] AIR 1952 Bom 84. [5] AIR 1965 SC 314. [6] (1981) 3 SCC 689. [7]Seervai, H. M, Constitutional Law of India 4th edn. , p 677 (1991). [8] The Constituent Assembly of India (Legislative) Debates Vol. VI 1949 Part II. [9] Ibid [10] Law Commission of India 174th report on â₠¬ËœProperty Rights of Women: Proposed Reforms under the Hindu Law’, May 2000. [11] The Kerela Joint Family System (Abolition) Act, 1975; The Hindu Succession (Andhra Pradesh Amendment)Act, 1986; The Hindu Succession (Tamil Nadu Amendment)Act, 1989; The Hindu Succession (Maharashtra Amendment)Act, 1994; The Hindu Succession (Karnataka Amendment) Act, 1994 12] The Kerela Joint Family System (Abolition) Act, 1975- S (4) Joint tenancy  to be replaced by tenancy in common —  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚   (1) All members  of  an  undivided  Hindu family  governed  by  the  Mitakshara law holding any coparcenary property  on  the day this Act comes into force shall with effect from that day, be deemed   to   hold it as tenants-in-common as if a partition had   taken place among all the members of that undivided Hindu family   as   respects such   property and as if each one of them is holding his or her share separat ely as full owner thereof; Provided that nothing in this sub-section shall affect the right to maintenance  or the right to marriage or funeral expenses out  of  the  coparcenary property or the right   to   residence,   if   any,   if  Ã‚   the members   of   an   undivided   Hindu family, other   than   persons   who  Ã‚   have  Ã‚   become entitled to hold their shares separately,    any such right can be enforced if this Act had not been passed. 2) All members of a joint Hindu family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day of this Act comes into force, shall, with effect from that day be deemed to hold it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as i. e. eac h one of the members is holding his or her share separately as full owner thereof. [13] 17 Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [14] Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [15] Derrett, J Duncan, ‘A critique of Modern Hindu Law’, 1st edn. , NM Tripathi Pvt Ltd, Bombay (1970). [16] [1926] AIR Nag. 81 [17]Hanooman Prasad Pandey V. Musumoot Baboee (1856) [18] [1947] AIR Nag. 178 [19] AIR 1945 Mad. 306 [20] [1956] AIR Ori. 1. [21] [1961] AIR Pat. 212. [22] AIR 1966 SC 24. How to cite Hindu Women and Their Coparcenary Rights, Papers