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 29

Property and Inheritance Rights of Women In India: An Analytical Study

Sunita Poonia
Research Scholar, Dept of Sociology, MLS University, Udaipur

Abstract

Property and inheritance rights of women in India have undergone significant transformation through legislative reform and judicial interpretation. Traditionally governed by patriarchal norms embedded in personal laws, women’s access to property was restricted, particularly under the Hindu Succession Act, 1956, which initially privileged male heirs. A major shift occurred with the Hindu Succession (Amendment) Act, 2005, granting daughters equal coparcenary rights in ancestral property, thereby recognizing them as joint heirs by birth. Empirical studies suggest that despite legal parity, enforcement gaps persist due to socio-cultural constraints, lack of awareness, and procedural barriers in rural and semi-urban contexts. In Muslim law, women possess defined shares under Sharia law, though these are often unequal compared to male counterparts. Similarly, Christian and Parsi inheritance laws have evolved toward greater gender equity through statutory amendments and progressive judgments. Thus, while India’s legal framework reflects a commitment to equality, the realization of women’s property rights remains contingent upon effective implementation and socio-legal transformation.

Keywords

Gender Justice; Coparcenary Rights; Legal Reform; Property Ownership; Inheritance Law

1. Introduction

Property and inheritance rights are among the most important legal and social rights that determine an individual’s economic status, social dignity, and personal independence. In the context of women’s empowerment, ownership of property plays a significant role because it provides financial security, decision-making power, and protection against social and economic vulnerability. In India, however, women have historically faced discrimination in matters related to property ownership and inheritance due to patriarchal traditions, customary practices, and unequal social structures. Although constitutional guarantees and legal reforms have attempted to establish equality, women still face several barriers in enjoying equal property rights in practice.