Inheritance Rights of Married Daughters: A Gap Between Law and Practice

Written by: Adyasha Rajguru, B.B.A.LL.B (3^rd Year ), Birla Global University 

Abstract

The story of inheritance rights in India mirrors the country’s larger struggle toward gender equality. Over the decades, the law has gradually recognised daughters, including married daughters, as equal heirs, particularly after the Hindu Succession (Amendment) Act, 2005 and landmark judgments such as Vineeta Sharma v. Rakesh Sharma (2020). Yet, despite this progressive shift in the legal landscape, the everyday reality remains far from ideal. In many families, daughters are still excluded not by law, but by custom, hesitation, and fear of social judgment.

This research paper explores that very paradox: the widening gap between what the law guarantees and what society practices. It adopts a doctrinal and socio-legal approach, examining the evolution of inheritance law in India, its constitutional foundations, and the practical barriers that married daughters face in claiming their rightful share. Drawing from key judgments, legislative history, and empirical studies, the paper finds that patriarchal traditions, economic dependency, emotional ties, and lack of awareness continue to silence women’s voices in matters of inheritance. The study concludes that achieving true equality requires more than legal reform; it demands consistent judicial enforcement, public awareness, and a cultural transformation that normalises daughters’ right to inherit as a matter of justice, not generosity.

Keywords: Hindu Succession Act 1956, coparcenary rights, gender justice, women’s property rights, constitutional equality, landmark judgment, gender jurisprudence, statutory interpretation, social transformation, judicial activism

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Volume 2 | Issue 1