Vicissitudes of Women’s Inheritance Right—England, Canada and India at the Dawn of 21st Century

Authors: 
Title: 
Vicissitudes of Women’s Inheritance Right—England, Canada and India at the Dawn of 21st Century
Journal Citation: 
58(4) JOURNAL OF THE INDIAN LAW INSTITUTE, 481-508 (2016)

This article examines the development of women’s inheritance rights in England, Canada, and India. These countries share an English common-law heritage. However, all three have followed distinctly divergent paths in the area of women’s inheritance rights. Though England remains conservative in some aspects of inheritance rights, overall, it has taken progressive steps towards recognizing a wider range of such rights. Canada has gone further still than England to ensure inheritance laws’ sensitivity to women’s interests, viz., by adopting gender-neutral language and recognizing a wide range of familial relationships. Unfortunately, India has not replicated this progress. Indian women have been repeatedly denied inheritance rights. Mishra sees this denial as a major detriment to the socio-economic advancement of Indian women. Still, Canada has provided an effective blueprint for legal reform. Should India adopt this blueprint, it may provide a low-cost means of reducing gender discrimination and improving a range of socio-economic outcomes for Indian women.