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2025, Vol. 5, Issue 1, Part A

Comparative analysis of codified and customary laws governing women’s property rights in India


Author(s): Mahejabin Khatun and Abhay Pratap Singh

Abstract: This paper explores codified and customary laws regulating Women property rights in India with special referential concern to dual legal systems in operation. Legal codification like Hindu Succession Act (1956 and 2005 amendment) has helped the women cause by passing the rights of daughters to inherit properties. Nevertheless, customary laws in civil law systems, especially in tribal and rural communities continue to stereotype and dominate the formal laws thereby disinheriting women, and other female candidates in favour of male heirs, and traditional values. It is a dual system of law; these laws exist and operate side by side making the legal environment most often ineffective in the enforcement and realization of women rights. Human rights, legal guard rails or legal breakthroughs for example the Vineeta Sharma v. Rakesh Sharma (2020) however have strengthened constitutional principles of equality to some extent. However, problems like social barriers, low knowledge of the law, and bureaucratic constraints remain stubborn issues when it comes to a systemic approach to change in those areas of the world that are still operating under customary laws. In this paper, the author traces the development of these legal frameworks from the past, evaluates the effects on women’s position in the society, and offers major case law decisions that contributed to the topic. The following policy suggestions are made to coordinate the laws, raise the awareness, ensure the communities’ access to legal services and involve the clients in the processes of changing the patriarchal legislation. Through eradicating these barriers, India can get closer to make the legal framework fair for females and to giving the constitutional respect for gender equality concerning property ownership.

Pages: 17-24 | Views: 41 | Downloads: 23

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International Journal of Law, Justice and Jurisprudence
How to cite this article:
Mahejabin Khatun, Abhay Pratap Singh. Comparative analysis of codified and customary laws governing women’s property rights in India. Int J Law Justice Jurisprudence 2025;5(1):17-24.
International Journal of Law, Justice and Jurisprudence

International Journal of Law, Justice and Jurisprudence

International Journal of Law, Justice and Jurisprudence
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