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  Published Paper Details:

  Paper Title

Gender Disparities in Property Inheritance: A Study Of Judicial Interpretation Pre & Post-2005 Amendment

  Authors

  KASHISH BATTA

  Keywords

lineal relatives, legacy, coparcenary, inheritances right, gender disparity

  Abstract


Significant differences and structural inequities originating from cultural, social, and legal norms have historically defined the status of women in India with regard to property rights. Women have historically had limited inheritance rights because patriarchal systems give preference to male heirs when it comes to property transmission. An important piece of Indian legislation, the Hindu Succession Act 1956, sought to codify the laws governing inheritance among Hindus, including Buddhists, Jains, and Sikhs. Notwithstanding its goal of offering a consistent structure for property succession, the Act has historically mirrored societal patriarchal standards, frequently sustaining gender inequality. In an important step toward gender equality, the Hindu Succession (Amendment) Act, 2005, intended to redress these disparities by giving girls the same rights as males in ancestral property. The Hindu Succession Act's development, its effect on gender differences in property rights, the efficacy of the 2005 revision, and the continued difficulties and ramifications for Indian women are all covered in detail in this abstract. In interpreting and upholding the provisions of the revised Act, the judiciary has been instrumental. Setting precedents for future disputes and resolving uncertainties have been facilitated by landmark cases. Legal aid groups and non-governmental organizations (NGOs) have played a significant role in supporting individuals attempting to assert their property rights and in promoting women's inheritance rights. The historical background, significant clauses, and effects of these legislative amendments are examined in this research study, along with the difficulties and ongoing problems in putting gender-equitable property rights into practice. The several laws pertaining to this problem will also be covered in this paper, along with several important rulings such as Vineeta Sharma and Prafulla. The primary goal of the research is to increase our understanding of the subject. The measures to address and deal with the issue of gender disparity will also be covered in this article.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2411058

  Paper ID - 271564

  Page Number(s) - a477-a488

  Pubished in - Volume 12 | Issue 11 | November 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  KASHISH BATTA,   "Gender Disparities in Property Inheritance: A Study Of Judicial Interpretation Pre & Post-2005 Amendment", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 11, pp.a477-a488, November 2024, Available at :http://www.ijcrt.org/papers/IJCRT2411058.pdf

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ISSN: 2320-2882
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Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


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ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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