Evolution of Women’s Property Rights in India: From Ancient Traditions to Modern Legal Reforms

Authors

  • Neha Sharma Research Scholar, Apex School of Law, Apex University, Jaipur, Rajasthan
  • Dr. Rinu Saraswat Supervisor, Apex School of Law, Apex University, Jaipur, Rajasthan

DOI:

https://doi.org/10.29070/0tb75q93

Keywords:

Women’s Rights, Property, Inheritance, Hindu Succession Act, Gender Equality, Constitutional Law

Abstract

Women’s property rights in India have witnessed a long and complex journey, shaped by cultural traditions, religious prescriptions, colonial interventions, and post-independence constitutional and legislative reforms. From the restrictive notions of Stridhana in ancient Hindu law to the revolutionary Hindu Succession (Amendment) Act, 2005, the trajectory reflects both the resilience of patriarchy and the struggle for gender justice. This article explores the evolution of women’s property rights in India across different historical phases, critically examining how ancient customs, medieval traditions, colonial codifications, and modern legal frameworks have influenced women’s access to property. It also highlights judicial interpretations and constitutional principles that continue to push for equality in ownership and inheritance.

References

The Constitution of India, 1950.

Hindu Women’s Right to Property Act, 1937.

Indian Succession Act, 1925.

Hindu Succession Act, 1956 and Hindu Succession (Amendment) Act, 2005.

Mary Roy v. State of Kerala, AIR 1986 SC 1011.

C. Masilamani Mudaliar v. Idol of Sri Swaminathaswami Thirukoil, AIR 1996 SC 1697.

Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Law Commission of India, 174th Report on Property Rights of Women: Proposed Reforms under the Hindu Law, 2000.

Agnes, Flavia. Women and Law in India: An Omnibus. Oxford University Press, 2011.

Parashar, Archana. Women and Family Law Reform in India. Sage Publications, 1992.

Agarwal, Bina. A Field of One’s Own: Gender and Land Rights in South Asia. Cambridge University Press, 1994.

Kapur, Ratna. Gender, Alterity and Human Rights: Freedom in a Fishbowl. Edward Elgar, 2018.

Basu, Durga Das. Commentary on the Constitution of India. LexisNexis, 2018.

United Nations, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979.

Ahmedabad Women Action Group (AWAG) v. Union of India, (1997) 3 SCC 573.

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Published

2025-10-01

How to Cite

[1]
“Evolution of Women’s Property Rights in India: From Ancient Traditions to Modern Legal Reforms”, JASRAE, vol. 22, no. 5, pp. 13–19, Oct. 2025, doi: 10.29070/0tb75q93.

Issue

Vol. 22 No. 5 (2025): Journal of Advances and Scholarly Researches in Allied Education (JASRAE)

Section

Articles

How to Cite

[1]
“Evolution of Women’s Property Rights in India: From Ancient Traditions to Modern Legal Reforms”, JASRAE, vol. 22, no. 5, pp. 13–19, Oct. 2025, doi: 10.29070/0tb75q93.