Women’s property rights: The law, the barriers—and the way forward

Women continue to face significant resistance from families when claiming inheritance, despite legal equality

- Shefali Anand

Owning property is a big step toward financial independence for women. It provides status in society and an economic foundation. “It is security for life, and it's their right,” Gautam Khurana, managing partner and founder, India Law Offices LLP in Delhi, said.

However, land ownership by women in India remains abysmal. Only 18.7% of women between the ages 15 and 49 own a house by themselves, while 13.7% own it jointly with someone else, according to World Bank data.

Historically, daughters are often excluded from property distribution after a father's death. “The brother doesn’t have to ask; the sister has to ask. And when she asks, she is considered bad,” said Amita Jadhav, at Coro India, a nonprofit organization that works for women empowerment in the marginalised segment. “We want to create an environment where women don't have to ask,” she said.

This Women’s Day, we explore the inheritance and property succession rights of women in India, and how to exercise them.

These rights are governed by personal religious laws and vary by faith. Here we focus on the Hindu Succession Act, 1956, applicable to Hindus, Buddhists, Jains and Sikhs.

Right to Parental Property

If a father leaves a valid will, its contents determine how his property will be distributed. However, if a Hindu man dies ‘intestate’, that is, without making a will, all his Class I legal heirs are entitled to an equal share in his property. These include the man’s mother, wife and children—including daughters—regardless of whether they are married, unmarried, divorced or widowed.