How to secure Inheritance Rights of a Woman

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In Indian traditional patriarchal society, women have enjoyed fewer rights. Women have most of the time been subjected to discrimination, especially in property matters. Inheritance Rights of a woman have never been taken seriously. Property has remained the domain of men.

Now we see a change. There is a shift in the social paradigm Women are attaining education. They are becoming self-reliant and financially independent. Besides, there are plenty of channels like media, internet etc. to add to their knowledge and awareness for their rights and favourable laws.

They are making financial decisions and investing in property. They have self-acquired properties registered in their names. There is a sense of equality prevailing in our society now demanding due recognition of women’s rights.

Society has been forced to think over their inheritance rights. If inheritance laws favour men more than women, it leads to the weaker economic position of women. Same rights must exist for males and females in terms of acquisition, inheritance and ownership of property. The inheritance rights of women can be right as a daughter, as a wife, as a mother and as a sister (sibling).

Securing the inheritance rights of women:

1. It is essential for a woman to be aware of her legal rights. A woman must know the right she has in the property of her father and her husband. The women will fight for their right only if they are aware of its existence.
2. It is crucial to know the means available to claiming the inheritance rights in the property. Free legal aid and advice would be vital here as many women lack the financial capacity to fight legal battles. NGOs can also play a significant role by standing up for such women. The concept of Public Interest Litigation is also helpful.
3. Government policies and laws favouring women are now in place. For instance, in India, for registration of property in the name of a woman, less stamp duty is paid. It is an incentive for people to buy the property in the name of the women.
4. In most of the tribal areas, women are deprived of property. The inheritance rights are discriminatory. No changes are allowed in the name of preservation of tribal culture.
5. Women give up their share in the property voluntarily in favour of the male heirs. Generally, a widow in the family gives up her share in return for regular economic support for herself. Sisters renounce their share in the property of the father in favour of brothers. Women must shun this practice.
6. A woman is denied the right to acquire the land by inheritance. There is a fear of fragmentation of land and loosing the same, once she gets married. Amendment of 2005 in the Hindu Succession Act has given the females equal inheritance rights. But some states do not follow this amendment for agricultural property.

Educating women and favourable government policies will assist in securing the inheritance rights of women.