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 28

Women’s Inheritance Rights Under Personal Laws in India: A Comparative Legal Analysis

Koushika, P.
Assistant professor, Vels Institute of Science, Technology, and Advanced Studies (VISTAS), Pallavaram, Chennai, Tamil Nadu, India

Abstract

All human societies have had laws of succession and inheritance since the beginning of time. The laws of inheritance determine how the deceased person’s property is divided among the rightful heirs. It is dispersed in India in accordance with the personal laws of each faith. In particular, this essay focuses on the inheritance laws of Islam and Hinduism. Regarding the allocation of property between males and females, both religions laws have their own inheritance rules, but they are frequently accused of being discriminatory. The interaction between gender inequality and inheritance rules in the context of Muslim and Hindu legal systems is the main topic of this article. It seeks to examine the differences between these two major religions’ inheritance rights for women. The study aims to demonstrate the degree of gender-based discrimination in inheritance rights by looking at the religious elements, traditions, and motivations that influence these laws. The influence of these regulations on women’s inheritance rights will be examined in this article through a review of legal provisions and inheritance rules. This essay will advance knowledge of the difficulties women encounter in obtaining their legitimate inheritance and support legislative changes that advance gender parity.

Keywords

Inheritance rights, Personal law, Gender inequality, Customs, Legal reforms

1. INTRODUCTION

Under personal law, inheritance and succession are crucial factors in determining property ownership and transfer. The two main Indian religions, Islam and Hinduism, each have distinct personal rules that govern inheritance and succession. All Indian citizens are guaranteed equality under the Constitution, which promotes nondiscrimination and equal rights. Nevertheless, the application of personal rules has frequently led to inequality notwithstanding this constitutional framework, especially when it comes to inheritance and succession.