Inheritance laws and the right to matrimonial property upon dissolution of marriage by death
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Date
2009
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Publisher
University of Dar es Salaam
Abstract
This study attempts to analyze inheritance laws and the right to matrimonial property upon dissolution of marriage by death. It was conducted in Dar es Salaam region whereby the information from three institutions namely; The Legal and Human Rights Centre: The Women Legal Aid Centre: and a registered Non Governmental Organization named Widows and Vulnerable Children in Tanzania has been collected by using both primary and secondary data. The collected data were analyzed; the results of the analysis show that the Law of Marriage Act, 1971, Cap 29, RE 2002 ( herein after referred to as the LMA) which govern matters relating to marriage in Tanzania and other inheritance laws, fails to protect women rights to property particularly matrimonial property upon dissolution of marriage by death. Upon death of a husband in practice, the administrators of the deceased estate do not consider a question, whether the property to be inherited by deceased heirs was matrimonial property obtained by joint efforts with the remaining widow; hence is to be distributed first as per section 114 of the LMA before being distributed to the deceased heirs. The said failure causes a lot of problems to widowed women who bare the responsibility of raising their families. Thus the study recommends the enactments of specific provisions in the LMA and other inheritance laws which would provide for division of matrimonial property upon dissolution of marriage by death as currently there is no provision to such effect.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library
Keywords
Matrimonial property, Dissolution, Marriage by death
Citation
Mwakilema, I T (2009) Inheritance laws and the right to matrimonial property upon dissolution of marriage by death