Primacy of Property as Devolution of Rights : case of Women in India through the lens of inheritance laws

Dawer, Aashita (2025) Primacy of Property as Devolution of Rights : case of Women in India through the lens of inheritance laws. Asian Journal of Law and Society. pp. 1-16. ISSN 2052-9023 (In Press)

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Abstract

Women and Property inheritance is a complex issue in India. The Hindu Succession Laws give women inheritance rights on ancestral, acquired, and agricultural land. This has led to an increase in their bargaining power and a consequential increase in transaction costs, which ideally should challenge the ex-ante and ex-post HSAA 2005, Coasean cooperative equilibriums. While the normative Coasean theorem propounds the dismantling of cooperation with the rise in bargaining, the Hobbesian framework believes that cooperation can exist through coercion. This process, in which women have bargaining rights yet cooperate, happens through “covert coercion.” Despite increased bargaining powers, women are conflicted between inheritance and maintaining familial ties, where covert coercion forces them to let go of inheritance. The article investigates this conflict women face through the lens of Law, normative Coasean and Hobbesian frameworks, psychological costs, and their Lived Reality. Further, this article investigates various efficiency criteria.

Item Type: Article
Keywords: Hindu Succession Act | property | women | India | covert coercion | efficiency | welfare | lived reality
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 17 Aug 2025 09:59
Last Modified: 17 Aug 2025 09:59
Official URL: https://doi.org/10.1017/als.2025.10014
URI: https://pure.jgu.edu.in/id/eprint/10008

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