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An Analysis Of Gender Disparity In The Succession Laws Of South Asian Nations




Riya Raj and Shubhransh Vir, University of Petroleum and Energy Studies, Dehradun

ABSTRACT

With the change in time and advancement of modern era, it is no doubt that humanity has achieved great heights. The issue is that could we have had achieved much more was their equality in our society? It is true that Gender disparity still exists in every nation of the world somewhere in their society. Such practices are not limited to any particular nation, they are present worldwide. The nations are struggling to eradicate gender disparity by various laws. This paper seeks to put forward the gender disparity present in the most densely populated area in the southern Asia. Furthermore, the paper will specifically deal with the Laws and practices related to succession in these nations. It is time that such nations across the world formulate gender- neutral laws for succession and inheritance of property, because there are many instances where a blatant bias interferes with women's rights. The word ‘succession’ in legal terminology means to claim the rights of another person from their successor. It generally refers to the transfer of a deceased person's rights and obligations to his or her legal heirs. The paper seeks to do a comparative analysis of the Succession laws that are present in Nepal, Bhutan and India. Topics such as Constitutional safeguards present in these nations for women, Inheritance rights of women before and after marriage and also touch upon topics such as Widow’s right in the property of her husband and see if the practical scenario in these nations is same as that on papers or is there a difference between the both. It will also include if the property rights have any relation with the sexuality of a person or just their gender.

Keywords: Coparcenary, Disparity, Gender, Inheritance, Property, Succession

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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