Gender Equality In Property Rights: Legal Efforts
- IJLLR Journal
- Apr 3
- 2 min read
Neha Singh, J.B.S.P. Sanstha’s Bhagubai Changu Thakur College of Law, New Panvel
ABSTRACT
Property rights are a crucial aspect of gender equality, ensuring financial independence, social security, and empowerment for women. Historically, property laws in India were male-centric, restricting women’s rights to inheritance and to have ownership over properties. However, significant legal reforms have been introduced time to time to bridge the gap exclusively based on the gender and also to provide women with equal property rights.
In line of traditional custom prevalent in the property laws in the Hindu, the Hindu Succession Act, 1956, initially granted limited rights to women in ancestral property. However, the 2005 amendment marked a milestone by granting daughters the same inheritance rights as sons, irrespective of their marital status. Similarly, the Indian Succession Act, 1925, governs property rights for Christian and Parsi women, ensuring equal inheritance. Further, Muslim personal laws provide daughters with inheritance rights, though with some limitations as compared to sons.
Apart from inheritance laws, other legislative measures have been enacted to safeguard women’s property rights. The Dowry Prohibition Act, 1961, prevents coercive property transfers as made through dowry, while the Benami Transactions (Prohibition) Act, 1988, protects women to hold property in her own name even though source of funds are from her husband. Judicial interventions have also played a crucial role in upholding gender equality in property rights, with landmark Supreme Court rulings reinforcing women’s rightful claims.
Despite progressive laws, challenges persist due to deep-rooted patriarchal norms, lack of awareness, and social resistance. Many women still face difficulties in asserting their legal rights due to family pressures and procedural hurdles. Addressing these challenges requires a combination of legal enforcement, awareness campaigns, and socio-economic empowerment initiatives. Ensuring gender equality in property rights is fundamental to achieving true social justice. Continued legislative efforts, judicial activism, and societal change are essential to strengthening women’s property rights and promoting gender parity in wealth and resources.
