Equal Inheritance, Unequal Reality: Challenges to Women's Property Rights in India

Abstract

Property rights of women are an integral part of gender justice, economic empowerment and constitutional equality in India. While a number of laws have been enacted to guarantee women equal inheritance rights, they still encounter several socio-economic, cultural and institutional challenges in the exercise of their property rights. An improved legal landscape on women's rights to inheritance has been reinforced by the provisions of the Hindu Succession (Amendment) Act, 2005 and the progressive interpretation of laws by courts. But, the practice of these rights are not uniform, constrained by patriarchal tradition, ignorance of the law, economic dependence, social pressure, and discriminatory practices within the family. In traditional and rural societies, women are often forced to give up their rights to ancestral property to their male cousins, especially. The personal laws applicable to the different religions also show different levels of gender inequality. In addition, a lack of adequate enforcement procedures and high litigation and procedural costs remain a threat to women's access to justice. The article critically analyzes the constitutional principles, legal safeguards, judicial evolution and socio-legal issues related to women's right to property in India. It also assesses the contribution of court, legal and policy measures to the situation of gender differences in inheritance and ownership. The study underscores the need for good law enforcement, social change, legal education, and accountability of institutions to ensure effective realization of equality by breaking the deep-rooted patriarchy.