Article Title - Pradhan Mantri Awas Yojana - Urban & Women's Property Ownership
Publisher - LiveLaw India
Authors - Sayali Marawar, Lead - Field Engagements, Indian Housing Federation (IHF),
Simran Pal Kaur, Research Associate - Applied Research, IHF
Field Inputs - Inputs on state-level implementation from UnATHI Fellows
Publication Date - August 18, 2021
Link - Click Here for the Article
ABSTRACT
Ownership of property by women is one of the most effective means of closing the socio-economic gender gap in the country. Based on this premise, the Pradhan Mantri Awas Yojana - Urban (PMAY-U) made it mandatory for all housing units built under the scheme to be registered in the name of the female head of the household or jointly with her husband. However, this guideline is not being implemented universally or uniformly by states and female property ownership is often limited to new purchases only, thereby exempting it for new housing on pre-owned land under the beneficiary-led construction/enhancement (BLC) and a self-construction under Credit Linked Subsidy Scheme (CLSS) components of the scheme. Moreover, it has been extremely challenging to implement the guideline universally due to various social, cultural, political, economic, institutional and legal constraints in transferring property and/or land ownership. The fact that land is a state subject and several issues including registration laws and stamp duties are in the state domain only complicates the issue further.
This article aims to highlight the actual challenges and constraints in operationalising universal implementation of the requirement for female property ownership under PMAY-U. The article will outline how the guideline on female property ownership has been interpreted and implemented across some states, by studying what formal documentation and process is required for legally transferring property rights under the scheme. The article shall also introduce a few principles that when followed can improve the on-ground implementation substantially.