Women and Inheritance: Mapping Perceptions, Legal Awareness and Practices

Abstract

In recent years, the question of women’s empowerment has been at the center of public policy, a critical component of which involves awareness and practice of economic rights. In this regard, legal provisions such as that of inheritance become critical. Despite the existence of legal provisions guaranteeing women right to inheritance, the existing scholarship has pointed out that in many societies, inheritance laws often favor men, perpetuating gender disparities and socioeconomic inequalities. Additionally, there remains a notable gap in awareness and understanding of such legal provisions among women, especially among socioeconomically marginalized sections. This study focuses on this lesser researched domain. Through a comprehensive literature review and the use of a qualitative approach, this study uses a semi-structured questionnaire to map the existing knowledge gaps and challenges among women from diverse socioeconomic backgrounds. The findings of this study suggest that although a significant proportion of women are aware about the existence of these laws and their rights, they nonetheless lack awareness about the specific provisions and their respective entitlements, especially considering inheritance law are further categorized according to religious identities. In addition to exploring their knowledge, this paper also attempts to investigate the nature and extent to which women usually exercise their right to inheritance in India.  The respondents of this study argue that strategies such as maintaining proper documentation of property ownership, engaging in open communication among family members, seeking professional legal advice and mediation can be helpful interventions to facilitate women in exercising their right to inheritance. The findings of this study provides critical insights for policymakers, legal practitioners, and activists to develop targeted interventions to enhance women’s legal literacy, empowerment and access to social and economic equality.