For decades, Indian women were seen as caregivers, not inheritors. But over the years, the laws around who gets what after someone dies have slowly begun to change – at least on paper. While modern laws promise equality, the reality is still quite patchy, especially when it comes to rural areas, tribal communities, and even age-old personal laws. So, how far have we come in terms of women’s property rights in India? And where are we still falling short?

In a recent conversation with AfterHours With AAE, senior advocate of Supreme Court Geeta Luthra gave us insights into succession laws in India for women.

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“There is a gender bias”

Speaking on succession laws, Geeta Luthra recalls, “Hindu women didn’t even have a right to property…They had a limited right, more like a right to use the estate during their lifetime. But not real ownership.” It wasn’t until 2005 that the Hindu Succession Law was amended to give daughters equal rights in ancestral property. “The amendment gave daughters the same rights as sons as coparceners,” Luthra said. “The Supreme Court later ruled that these rights would apply retrospectively unless a final partition had already taken place.”

Talking about the gender bias in agricultural laws, Advocate Luthra highlighted Section 50a of the Delhi Land Reforms Act, which continues to favour male heirs. “If it’s agricultural land in a non-urbanised village, it goes from male heir to male heir. If there’s no male heir, then only it goes to the wife. But it excludes daughters and mothers entirely.” She called it “a very archaic law” and pointed out that even senior officials in the Delhi government have asked, “How can this law not be struck down?”

However, because these laws are part of the Ninth Schedule of the Constitution, they remain out of reach of judicial review. “It’s absurd,” she said bluntly.

“The woman is called a witch…”

According to Geeta Luthra, the situation is worse for tribal women. “In some tribal customs, if a woman marries outside the tribe, she loses her right to property. The land goes to her husband’s brothers or cousins. They even call the woman a witch to deprive her of land.”

She referred to a long legal battle led by activist Madhu Kishwar, which challenged the Chota Nagpur Tenancy Act. “The Supreme Court said it’s for Parliament or the state legislature to amend it,” said Luthra. “These women work the land. They cut grass, gather fodder. Yet, according to the 2011 census, they owned only 11% of tribal land. That figure barely improved to 16% by 2016.”

The issue isn’t limited to Hindus and tribal communities. Luthra mentioned how Parsi women lose certain rights if they marry outside the community. “I appeared for a woman who married a non-Parsi. She was denied inheritance.” Luthra also mentioned that the Uniform Civil Code can address these gaps. For instance, under Muslim succession laws, men inherit more than women in intestate cases. “If we had a Uniform Civil Code, there’d be more consistency and fairness.”

While we have come a long way, women’s property rights in India still face some outdated and discriminatory laws. As Geeta Luthra said, “We don’t just need equality, we need greater equality.” Until laws reflect the lived realities of all women – urban, rural, tribal, and religious minorities – the fight must go on.

Watch the full episode here.

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