Development Of Women’s Property Rights In India: Pre And Post – Constitutional Amendments With Specific Focus On The 2005 Amendment
- IJLLR Journal
- Jun 26
- 2 min read
Nivedha Devi. E, Tamilnadu Dr Ambedkar Law University, SOEL
Dr. P. Brinda, Tamilnadu Dr Ambedkar Law University, SOEL
ABSTRACT
In India women’s property rights have evolved significantly, the evolution of women’s property rights in India reflects the broader socio – legal transformations within the country, particularly in response to constitutional mandates and legislative reforms. Historically women’s access to property was significantly restricted under various personal laws, especially under the Hindu patriarchal system which prioritized male lineage. The development of women's property rights in India has been a complex and evolving journey, shaped by social norms, religious doctrines, and legal reforms. Under Hindu law, for instance, property rights for women were largely symbolic, often limited to maintenance or limited estate rights such as the Stridhan, which was itself subject to patriarchal oversight. Similarly, under other personal laws, including Muslim and Christian laws, inheritance and property rights were unequal and skewed in favor of male members of the family. The adoption of the Indian Constitution in 1950 marked a watershed moment in the legal landscape of India, embedding the principles of equality and non-discrimination on the grounds of sex. Articles 14, 15, and 21 of the Constitution became the cornerstone for subsequent legal reforms concerning women's rights. However, progress in terms of property rights remained slow and incremental, often constrained by religious personal laws and societal resistance. The Hindu Succession Act (HSA) of 1956 was an initial attempt to codify and rationalize inheritance laws among Hindus, but it still retained gender biases, particularly by denying daughters equal rights in coparcenary property under the Mitakshara system. It was not until the enactment of the Hindu Succession (Amendment) Act, 2005, that a significant breakthrough was achieved. The 2005 amendment to the HSA was a landmark reform that sought to eliminate gender discrimination by granting daughters equal coparcenary rights, placing them on par with sons in matters of inheritance and ownership in joint family property. This legislative change was grounded in the constitutional values of equality and was a step forward in ensuring gender justice within the Hindu joint family system. It analyzes the rationale, scope, and impact of the amendment in both legal and practical terms. Despite its progressive intent, the implementation of the 2005 amendment has faced several hurdles, including lack of awareness, patriarchal resistance, and procedural challenges in asserting property rights. This article traces the trajectory of women’s property rights in India, examining the legal and social status of women in the pre- constitutional era, followed by an analysis of the impact of constitutional guarantees of equality and Non-discrimination. Particular emphasis is placed on the landmark Hindu succession (amendment) Act, 2005, which granted daughters equal coparcenary rights in joint Hindu family property. The amendment is evaluated in terms of its legal implications, socio-cultural reception, and its role in promoting gender justice. Through a critical review of case law, legislative history and scholarly discourse.
Keywords: women’s property rights, Hindu Succession Act,2005, Gender equality, constitutional amendments, coparcenary rights, inheritance law in India, legal reforms, patriarchy and property, gender justice, Indian constitution and women’s rights.
