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VOL. 1, ISSUE 1 (2025)
Women’s property rights under the Indian Legal System: An Overview
Authors
Naresh Parihar
Abstract
Women's property rights in India have historically been shaped by a complex interplay of customary practices, religious laws, and statutory provisions. Despite constitutional guarantees of equality, gender disparities in property ownership persist, impacting women's economic empowerment and social status. This study aims to provide a comprehensive overview of the legal framework governing women's property rights in India, examining both the progress made and the challenges that remain.
The research adopts a doctrinal methodology, analyzing key legal texts including the Hindu Succession Act, Muslim Personal Law, the Indian Succession Act, and recent legislative amendments. It also reviews judicial interpretations and landmark Supreme Court rulings to understand the practical enforcement of these rights. Additionally, the study incorporates secondary data from governmental reports, academic literature, and case studies highlighting socio-legal realities faced by women.
Findings reveal that while significant legal reforms—such as the amendment to the Hindu Succession Act in 2005—have enhanced women's rights to inherit and own property, implementation gaps and socio-cultural barriers often limit their effective enjoyment. The study also identifies discrepancies in how personal laws regulate property rights across different religious communities, contributing to uneven protection for women. Judicial activism has played a crucial role in advancing women's property rights, yet awareness and accessibility remain critical issues.
The paper concludes that strengthening women’s property rights in India requires not only robust legal provisions but also effective enforcement mechanisms, public awareness campaigns, and socio-economic reforms aimed at dismantling patriarchal norms. Ensuring equal property rights is essential for empowering women, promoting gender justice, and fostering inclusive development.
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Pages:24-28
How to cite this article:
Naresh Parihar "Women’s property rights under the Indian Legal System: An Overview". World Journal of Applied Review, Vol 1, Issue 1, 2025, Pages 24-28
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