Essential Guide to Women's Property Rights: Everything You Need to Know

By Lodha

Women in India have come far, and rightly so. Whether it be entrepreneurship, politics, academia or entertainment, women are standing shoulder to shoulder with men. Today, women are breadwinners, not only stepping into the professional world but also earning enough disposable income to invest in property and other assets. However, as a woman in India, it is important to know your rights. The country's laws have evolved since independence and include various measures to safeguard and further women's property rights. Whether you stand to inherit property or plan to purchase a home, it is imperative you know your rights as a woman. Here is a brief explainer of women’s property rights guaranteed under various laws:

Hindu Succession Act (1956 & 2005 Amendment)

The Hindu Succession Act delineates how property is passed down amongst Hindus. Passed in 1956, the Act originally guaranteed women limited property rights: a daughter did not enjoy equal rights to inherit ancestral property and sons were given preference. However, an amendment was passed in 2005 to correct the provision. The amendment granted daughters equal rights in ancestral properties. According to the amendment, women are coparceners in a joint family's property at birth itself and can inherit, dispose of, and manage ancestral property just like men.

Muslim Personal Law (Sharia)

Muslim women's property rights in India are governed by Sharia, also known as Islamic law. Sharia law operates differently for women and men, wherein the former is entitled to a share in her family's property subject to certain limitations. Under Sharia law, women receive only half of what their male counterparts receive. This rule applies to inheritance matters involving daughters, wives, and mothers. A widow is entitled to one-eighth of her husband's property if she has children and one-fourth if she does not.

Christian and Parsi Law

In India, Christians are governed under the Indian Succession Act of 1925. Under the law, men and women have equal inheritance rights. Similarly, Parsi men and women governed under the Parsi Succession Act enjoy equal property rights.

Marital Property

Women's property in India is also protected post-marriage. According to the Dowry Prohibition Act of 1961, women have a legal right to their dowry and taking it away from them is prohibited. The practice of giving a woman Stridhan allows her to enjoy, own, and control her property completely and absolutely. Indian women also continue to enjoy individual ownership of property in their name even after marriage.

Apart from the provisions listed above, Indian laws also protect women's right to property in case of domestic abuse and divorce. While the Indian government has enacted numerous measures to protect women's property rights, the execution of the same has not been perfect. However, knowing your rights as a woman is the first step to ensuring you get treated equally under the law and by society at large.

As premium real estate developers in Mumbai, at Lodha, we believe that everyone has the right to live in their dream home, regardless of gender. Our homes are designed to ensure that women get to live comfortably in spacious and safe residences. From luxe residences in Lodha Altamount, comfortable homes in Lodha Acenza, tranquil spaces in Lodha Amara and vacation villas in Lodha Belmondo, our developments make up the skylines of major Indian cities. Fitted with world-class amenities, swimming pools, clubhouses, gyms, sporting grounds, and stringent security, Lodha projects are the perfect place for women to enjoy their property rights.

Choose Lodha and build a beautiful life as a woman who resides in her dream home.