Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 4

Equal Halves, Unequal Shares: The Story of Hindu Women’s Property Rights

Baibhaba Chinhara
Advocate, Puri Bar Association, Puri

Abstract

The Indian legal system’s treatment of women’s property rights has taken a significant turn from its historical marginalization to a new, strong, & gender-neutral form that emphasizes the various facets of women’s property rights & how they ought to develop. The essay provides an overview of current laws & how they have changed from antiquity to the present. Additionally, this paper examines the constitutional element of women’s property rights & provides an in-depth analysis of the judiciary in various instances, as well as how the laws pertaining to women’s property rights were established in India & within its legal framework. The research examines the ratio of women’s property rights under Hindu law in India & is mostly a doctrinal study with evolution of main data. In the end. It provides a comprehensive overview of women’s rights in India with respect to all forms of property rights.

Keywords

Hindu Succession Act, Mitakshara Coparcenary, Gender Equality, Women, Personal Laws.

1. Introduction

Historical & sociological research indicates that gender inequality has been at the core of all social, political, & cultural identities. Endogamy, or marriage only inside the caste circle, has been imposed to maintain caste purity since women in a caste-based society are seen as the gatekeepers of the caste due to their reproductive abilities. Ironically, women are seen as less than males in every aspect of life & are far less successful than men in the political, social, & economic arenas. They have been subjected to many injustices, humiliations, inconsistencies, & intolerance in spite of their bravery, loyalty, & self-denial. This study aims to evaluate the scope & nature of women’s rights under the Indian constitutional framework. Women’s general living conditions, financial stability, & physical safety all influence their right to access & control over property. Reduced life expectancy, literacy, & per capita income are all associated with gender discrimination. Deeply rooted cultural prejudice against women is the root cause of gender inequality. In any legal system, women’s special position reflects the opinions & sentiments of the general public. As a result, a woman’s property status under Hindu law was an accurate representation of the culture of the Hindu race & a trustworthy indicator of Hindu civilization.