Inheritance Rights of Ancestral Property of Women: A Comparative Analysis of Hindu and Islamic Laws

Abstract

The inheritance rights of women have been a subject of legal, social, and cultural significance, reflecting the evolving nature of family structures and gender equity in these two distinct religious and legal traditions. Hindu law, characterized by a diverse range of customs and personal laws, has witnessed significant reforms over the years. The historical development of the Hindu Succession Act and its subsequent amendments in Section 6 of the Act has gradually expanded the rights of daughters in ancestral property. There is a progressive shift in favor of gender equality, culminating in landmark judgments from the Indian judiciary that have upheld daughters' rights as coparceners in Hindu Undivided Families (HUFs). Conversely in Islamic Law, there is no distinction between the rights of men and women for inheriting the ancestral property. But the amount of the property share of a women is half of that of a men. This article undertakes a comparative analysis of the legal frameworks governing daughter's rights in ancestral property within the contexts of Hindu law and Islamic law. The comparative analysis underscores key differences and similarities between the two legal systems, with a focus on the role of culture, tradition, and evolving social norms in shaping the legal landscape. The article also examines how legal reforms and judicial interpretations have influenced the practical application of these laws. By shedding light on the historical evolution and contemporary status of daughter's rights in ancestral property under Hindu and Islamic law, this study contributes to the ongoing discourse on gender equity and inheritance laws. It aims to provide a comprehensive understanding of these legal traditions, their implications for daughters, and the potential for further reforms in pursuit of gender justice within the legal contexts of India.