Abolish discriminatory property transfer laws in India

Recent signers:
Sita Ram Sharma and 19 others have signed recently.

The Issue

In India, an unfair legal discrepancy exists under the current property transfer laws, causing inequality among different religious communities. As someone who was unaware of this until recently, I feel compelled to raise awareness and call for change. According to Section 123 of the Transfer of Property Act, if a Hindu individual gifts their land to another Hindu, the recipient must register the gift and pay stamp duty to the government. However, Section 129 of the same Act allows for an exception under Sharia law Hiba, where if a Muslim individual gifts land to another Muslim, the recipient is neither required to register the gift nor pay a stamp duty.

This legal inconsistency, an archaic remnant from British colonial rule, perpetuates inequality by imposing different conditions on land ownership transactions based solely on religion. Such a discrepancy not only discriminates against the Hindu community but also contradicts the principles of equality enshrined in the Indian Constitution. It's a system that deems Hindus unequal to other communities when it comes to property rights, and this disparity must be addressed immediately.

Recently, when a petitioner approached the Supreme Court regarding this issue, they were directed to appeal to the Central government to amend these outdated laws. The Supreme Court's suggestion highlights the need for a legislative remedy to address this long-standing inequity perpetuated by colonial ordinances.

We are calling on the Indian government to eliminate these obsolete, discriminatory laws and establish a uniform property transfer system that ensures equal rights and obligations for all citizens, regardless of their religious background. This demands an amendment to the current acts that considers contemporary values of fairness and equity, honoring the secular fabric of our nation.

By signing this petition, we urge lawmakers to recognize this injustice and take swift action to repeal and replace these antiquated laws with fair practices that reflect modern Indian society's commitment to equality and unity. Together, we can strive for a more just legal system where everyone is afforded equal rights under the law. Please join us in championing this cause for equality and justice by signing this petition today.
avatar of the starter
Ravi KochakPetition Starter

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Recent signers:
Sita Ram Sharma and 19 others have signed recently.

The Issue

In India, an unfair legal discrepancy exists under the current property transfer laws, causing inequality among different religious communities. As someone who was unaware of this until recently, I feel compelled to raise awareness and call for change. According to Section 123 of the Transfer of Property Act, if a Hindu individual gifts their land to another Hindu, the recipient must register the gift and pay stamp duty to the government. However, Section 129 of the same Act allows for an exception under Sharia law Hiba, where if a Muslim individual gifts land to another Muslim, the recipient is neither required to register the gift nor pay a stamp duty.

This legal inconsistency, an archaic remnant from British colonial rule, perpetuates inequality by imposing different conditions on land ownership transactions based solely on religion. Such a discrepancy not only discriminates against the Hindu community but also contradicts the principles of equality enshrined in the Indian Constitution. It's a system that deems Hindus unequal to other communities when it comes to property rights, and this disparity must be addressed immediately.

Recently, when a petitioner approached the Supreme Court regarding this issue, they were directed to appeal to the Central government to amend these outdated laws. The Supreme Court's suggestion highlights the need for a legislative remedy to address this long-standing inequity perpetuated by colonial ordinances.

We are calling on the Indian government to eliminate these obsolete, discriminatory laws and establish a uniform property transfer system that ensures equal rights and obligations for all citizens, regardless of their religious background. This demands an amendment to the current acts that considers contemporary values of fairness and equity, honoring the secular fabric of our nation.

By signing this petition, we urge lawmakers to recognize this injustice and take swift action to repeal and replace these antiquated laws with fair practices that reflect modern Indian society's commitment to equality and unity. Together, we can strive for a more just legal system where everyone is afforded equal rights under the law. Please join us in championing this cause for equality and justice by signing this petition today.
avatar of the starter
Ravi KochakPetition Starter
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