Rights of Women in Property & Inheritance Laws in India
Published on: Lawiz Team
Know about property rights of women in India, including inheritance laws, ancestral property rights, and succession laws.
Introduction to Women’s Property Rights
Women in India have legal rights over inherited and self-acquired property, protected under various laws including the Hindu Succession Act and Muslim Personal Law.
Inheritance Laws Under Hindu Succession Act
As per the 2005 amendment, daughters have equal rights as sons in ancestral property, irrespective of their marital status.
Muslim Women’s Inheritance Rights
Under Muslim personal law, daughters inherit half the share of sons, but they have exclusive rights over their earnings and property.
Women’s Rights in Marital Property
A wife has rights over jointly owned property and can claim maintenance and residence rights under various laws.
Can Women Claim Father’s Property?
Yes, after the 2005 amendment in Hindu Succession Act, daughters have equal rights in their father’s ancestral property.
FAQs
Can a daughter claim her father's property in India?
Yes, as per the 2005 amendment of the Hindu Succession Act, daughters have equal rights as sons in ancestral property.
How can a woman legally claim her property rights?
A woman can file a partition suit in court if denied her legal property rights.
Does a wife have rights over her husband's property?
A wife does not have direct ownership, but she has a claim in jointly owned property and can seek maintenance.
How is property divided among Muslim women?
Muslim women inherit half the share of male heirs but have exclusive rights over their self-earned property.
Can a widow inherit her husband’s property?
Yes, a widow has rights over her deceased husband’s property along with other legal heirs.
Applicable IPC Sections
- Section 498A IPC – Husband or Relative of Husband of a Woman Subjecting Her to Cruelty
- Section 354 IPC – Assault or Criminal Force to Woman with Intent to Outrage Her Modesty
- Section 376 IPC – Punishment for Rape
- Section 406 IPC – Punishment for Criminal Breach of Trust
- Section 405 IPC – Criminal Breach of Trust
- Section 420 IPC – Cheating and Dishonestly Inducing Delivery of Property
- Section 457 IPC – Lurking House-Trespass or House-Breaking by Night
- Section 458 IPC – House-Breaking by Night