Property Rights Of A Woman In India, An Explainer By Legal Expert

As peculiar as it might sound, most women aren't cognizant of their property rights in the country. Despite property rights being in place, there is no awareness among women which contributes to gender-based discrimination in property rights. So, we thought of bringing you an explainer on property rights for women in India.

Property Rights Of Women In India

Ms. Shivee Pandey Sinha, Advocate, Supreme Court of India speaking of the property rights of women in India said, "Despite these legal provisions, women in India still face several challenges in claiming their property rights. In many cases, they are not aware of their rights, and even if they are, they may face resistance from male relatives. Women from marginalised communities, such as Dalits and Adivasis, face even greater obstacles in claiming their property rights."

She added, “As of today, it is encouraging to note that Indian courts are progressively utilising global benchmarks, which are based on different international declarations and conventions. The Honorable Supreme Court of India has cited and relied on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in several verdicts. These judgments provide a strong foundation for Indian women to demand gender justice and equal rights at par with international standards.”

Let us tell you that women in India aren't entitled to the same inheritance rights. A woman's property rights in the country vary as per the religion she follows.

Property Rights Of Hindu Women

The Hindu Succession Act, 1956 includes the succession and inheritance rights for Hindus, Jains, Sikhs, Buddhists and Jains.

The act was amended in the year 2005 to remove gender discrimination from the Hindu Succession Act, 1956. Under this amendment, daughters have the same rights as that of the son.

Prior to the enactment of the Hindu Succession (Amendment) Act of 2005, which conferred daughters an equal share of their father's self-acquired property at par with a son, apart from their share in the ancestral property. The amendment also recognised the rights of widows to inherit property from their deceased husbands.

There was a delay of justice at all levels from Civil Courts right up to the Honorable Supreme Court on the issue of "Coparcenary rights of the daughters whose fathers had passed away prior to the Hindu Succession Act, (Amendment) 2005". To address this chaos, Honorable Supreme Court in a significant ruling known as "Vineeta Sharma vs. Rakesh Sharma" in 2018, upheld that even if the father of a daughter had already passed away before the implementation of the Hindu Succession (Amendment) Act, 2005, she still possesses coparcenary rights.

Both the Hindu women and men have the same rights over their deceased parents.

If a mother, the woman is entitled to equal share of property as the wife and children of her deceased son.

Married and unmarried daughters too are entitled to an equal share from their father's inheritance as their male siblings.

Property Rights Of Muslim Women

Women following the religion are entitled to 1/8th share of her husband and 1/4th if the couple has children. Also, according to the Muhammadan law, there is no difference between ancestral and self-acquired property. Women, however, have rights to half of the property while their male siblings have full rights. If a couple only has daughters, they have full rights.

Property Rights Of Jewish, Parsi Women

Parsi, Jewish women can claim up to 1/3rd of the property of their deceased husband if the couple has no children. If there are no children, women can claim half of the share.

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Property Rights Of Christian Women

Among Christians, the Indian Succession Act 1925 is followed.

All daughters are given equal rights in the father's property.

A woman is entitled to 1/3rd of the property if her partner dies. The rest of the share is equally distributed among the children.

According to the Christian law, no mother has the right to take maintenance charges from her children. However, if her child dies and has no heir then she gets 1/4th share of the property.

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Way Forward

In conclusion, our legal expert said, "While there have been significant improvements in the property rights of women in India, much remains to be done. The government needs to ensure that women are aware of their property rights and are provided with the necessary legal and institutional support to claim them. Efforts should also be made to address the patriarchal attitudes that often lead to the denial of women's property rights. By empowering women with property rights, India can achieve greater gender equality and promote economic development.”