Women’s Property Rights In India: Who Gets What After Marriage Or Inheritance?

Property Rights of Women In India: The question of a woman’s right to property in India has seen a remarkable evolution over the years. What was once a system tilted heavily in favour of men has now shifted towards legal equality, with reforms ensuring that women have a rightful share in property and inheritance. We connected with Tahira Karanjawala, Partner at Karanjawala & Co., to understand how women’s property rights in India have evolved over the years and what the law says today:

Hindu Succession Act And The 2005 Amendment

The Hindu Sucession Act of 1956 laid the foundation for inheritance laws among Hindus, Buddhists, Sikhs, and Jains. However, it was the Hindu Succession (Amendment) Act of 2005 that brought real change. This landmark amendment granted daughters the same rights as sons in ancestral property.

The Press Information Bureau (Ministry of Law & Justice) states, “The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from today i.e. 9th September, 2005. It gives the following rights to daughters under Section 6:

• The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;

• The daughter has the same rights in the coparcenary property as she would have had if she had been a son;

• The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;

• The daughter is allotted the same share as is allotted to a son;

• The share of the pre-deceased son or a pre-deceased  daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;

• The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.”

As Tahira Karanjawala highlights, “This amendment fundamentally altered inheritance for Hindu, Buddhist, Sikh, and Jain women by granting daughters the status of coparceners by birth, on par with sons.” Importantly, this right applies regardless of a daughter’s marital status, ensuring that women are not denied property simply because they are married.

Rights Over Self-Acquired Property

When it comes to self-acquired property, the law provides equal distribution. If a Hindu male dies without a will, his wife, sons, daughters (and unmarried daughters), and mother, known as Class 1 heirs, inherit equally.

For women, the law takes a slightly different turn. “For a Hindu female's own property, her husband, children and mother are the primary heirs,” explains Tahira Karanjawala. Yet there are two important exceptions. If a woman dies childless, property inherited from her parents goes back to her father’s heirs. Similarly, any property she inherited from her husband or father-in-law returns to her husband’s heirs.

Christian Inheritance Laws

Under the Indian Succession Act, 1925, the rights of Christian women are also clearly outlined. If a Christian man dies leaving behind a widow and children, the widow is entitled to one-third of the estate, while the remaining two-thirds is divided equally among the children.

This provision gives the widow a guaranteed share, ensuring financial security while balancing the interests of children.

Don't miss: Why Marriage Registration Is A Must: Know These Things Before You Tie The Knot

Muslim Personal Law

For Muslim women, inheritance is governed by Muslim Personal Law. Here, shares are predefined and often unequal. As Tahira Karanjawala notes, “Under Muslim Personal Law, a woman's share is typically prescribed and often half that of a male heir in a similar position.”

For instance, a daughter usually inherits half the share of a son. While this framework provides certainty, it also highlights ongoing debates around gender parity within personal laws.

Don't miss: Rules of Divorce: Understanding the Indian Divorce Act 1869

The Bigger Picture: Towards Equality

Despite differences across religions, one thing is clear, India’s property laws have increasingly recognised the importance of women’s equal rights. As Tahira Karanjawala observes, “While the legal landscape varies by religion, the overarching trend in Indian law is a decisive move towards recognising and enforcing a more equal status for women, marking a significant step towards their economic and social empowerment.”

Women’s right to property in India has moved from limited entitlements to stronger, legally protected claims. But personal laws still create some differences, the overall direction is clear, towards equality, empowerment, and financial security for women. While the legal landscape varies by religion, the overarching trend in Indian law is a decisive move towards recognising and enforcing a more equal status for women, marking a significant step towards their economic and social empowerment.

For more such stories, stay tuned to HerZindagi.

Image credit: Freepik