Punjab & Haryana High Court: Widows Free to Sell Non-Ancestral Property, Customs Cannot Override Equality

COURTKUTCHEHRY SPECIAL ON WIDOWS’s RIGHTS TO SALE INHERITED PROPERTY

Punjab & Haryana High Court: Widows Free to Sell Non-Ancestral Property, Customs Cannot Override Equality

Court says gender-based restrictions on property alienation are unconstitutional and discriminatory

Landmark ruling in 44-year-old dispute reinforces women’s rights under Article 14 of the Constitution

By Our Legal Correspondent

New Delhi: January 28, 2026:

In a landmark judgment, the Punjab and Haryana High Court have declared that widows cannot be barred by customary practices from alienating (selling or transferring) non-ancestral property inherited from their husbands. Justice Virinder Aggarwal, delivering the ruling on January 22, 2026, set aside concurrent findings of lower courts in a 44-year-old inheritance dispute, stating that customs rooted in gender discrimination must give way to constitutional principles of equality.

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This decision is significant because it challenges long-standing patriarchal norms in rural Punjab and Haryana, where widows were often restricted from exercising full ownership rights over property.

Case Background

• Dispute: The case involved a widow’s right to sell non-ancestral property inherited from her husband.
• Customary Restriction: Local customs recorded in documents like Wajib-ul-Arz and Riwaj-i-Am historically restricted widows from alienating property, citing preservation of family wealth.
• Lower Courts: Trial courts upheld these restrictions, denying the widow’s right to sell.
• High Court Ruling: Justice Aggarwal overturned these findings, declaring such customs unconstitutional.

Court’s Observations

1. Article 14 – Equality Before Law
   • The court held that customs discriminating against widows based on gender violate Article 14.
   • Equality before law applies to all persons, regardless of gender.
2. Custom vs. Constitution
   • Customs cannot override constitutional rights.
   • Gender-based restrictions are legally impermissible and devoid of force.
3. Non-Ancestral Property Distinction
   • The ruling specifically applies to non-ancestral property (self-acquired or inherited from husband).
   • Ancestral property rights remain governed by succession laws, but widows cannot be denied rights over non-ancestral assets.

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Wider Legal Context

• Indian Succession Act, 1925: Governs inheritance and property rights, ensuring widows inherit from husbands.
• Hindu Succession Act, 1956 (amended 2005): Grants equal rights to daughters and widows in property matters.
• Judicial Trend: Courts increasingly strike down discriminatory customs, reinforcing constitutional equality.

Social and Legal Implications

• For Widows: Strengthens their autonomy and financial independence.
• For Society: Challenges patriarchal norms that restrict women’s property rights.
• For Judiciary: Sets a precedent for striking down discriminatory customs across India.

Recent Related Judgments

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Why This Judgment Matters

• Empowers Women: Recognizes widows as full property owners, not mere custodians.
• Modernizes Law: Aligns property rights with constitutional values.
• Sets Precedent: Could influence similar disputes in other states with strong customary practices.

Conclusion

The Punjab and Haryana High Court’s ruling is a milestone in India’s journey toward gender equality. By striking down discriminatory customs, the court has reaffirmed that constitutional rights prevail over outdated traditions. Widows, long marginalized in property matters, now have judicial backing to exercise full ownership rights over non-ancestral property.

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