Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 18

The Evolution of Women’s Inheritance and Right to Property Under Hindu Law: A Historical and Social Perspective

Adeeba Shaheen
Law Student, Hamdard Institute of Legal Studies and Research (HILSR), Jamia Hamdard University, Delhi

1. INTRODUCTION

The ability to acquire, possess, use, and alienate property based on one’s own will is both an empowering privilege vested in individuals and a vital spark in the ongoing quest of individual freedom. However, this right has historically been conferred upon the male members of society, while females have been either outrightly refused or only given partial ownership of the property, particularly in case of ancestral property passed down through successive generations upon the death of the previous owner. Ancient Hindu patriarchal society intentionally disregarded women’s right to property, relegating her to an inferior position in the social and economic aspects of human relationships. Manusmriti, one of the most important smriti in Vedic period where Manu quotes, “A woman must be dependent on her father in childhood, upon her husband in youth and upon her sons in old age”. This perspective portrayed women as an inferior creature incapable of independent existence and this perception not only existed in households but also reflected in the broader societal structure especially in the matter of rights and privileges. Contradictorily, the text also asserts that, “where women are revered, there the god rejoices; but where they are not, no rite bears any fruit”. This inconsistency within the text itself indicates that though the text appeared to revere women, it actually restricted their freedom and autonomy, creating a cage alongside the pedestal.