Author(s): Deepa Sirohi, Himadri Dey and Sachin Datt

Abstract: The Hindu Succession (Amendment) Act 2005 is a landmark in the pantheon of Indian domestic law, which has brought a fundamental reworking of female rights in property rights. This treatise has tried a serious breakdown of the legislative development of the Act, its judicial interpretation and practice especially in providing equal coparcenary rights to daughters in ancestral property. Through a thorough examination of the provisions contained in the statutes, groundbreaking judicial decisions, and scientific research, the paper evaluates the effectiveness of the Amendment in promoting substantive gender equality. Although the 2005 reforms are reflective of a positive step in the right direction, entrenched socio-cultural barriers, haphazard enforcement practices and lack of legal literacy still stand in the way to the ultimate realization of the rights of women to property. The article, therefore, argues that, much as legal reform cannot be done without, it should be supported by social change and effective implementation strategies to achieve the constitutional promise of gender justice.

DOI: 10.22271/2790-0673.2025.v5.i2f.263

Pages: 496-499 | Views: 149 | Downloads: 97

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