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The Evolution Of Women’s Property And Inheritance Rights In India: From Patriarchal Exclusion To Formal Legal Equality




Kripalinee Mohapatra & Loknath Prasad Sahoo, Birla Global University, Bhubaneswar



ABSTRACT

Evolution of women’s property and inheritance rights in India is a significant move from patriarchal values to formal legal equality for women. From being restricted under various personal laws, women’s property and inheritance rights have come a long way with colonial and post-colonial legal interventions, including constitutional adjudication and legislative reforms. The Hindu Succession Act, 1956, and its significant amendment in 2005 have significantly changed the dynamics of coparcenary property rights for women, who are now equal heirs to their fathers’ property. However, women’s property and inheritance rights in India still remain in a state of structural inequality due to various socio-cultural barriers and the presence of multiple legal systems in force in the country. In this paper, a doctrinal and comparative analysis of women’s property and inheritance rights in India is made to critically evaluate their evolution in the context of various legal reforms and their socio-economic implications for women’s empowerment in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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