Answer By law4u team
Under various personal laws in India, the inheritance rights of daughters have evolved over time. Traditionally, daughters were not given equal rights to inherit their mother’s property. However, recent legal reforms and changes in personal laws have granted daughters the right to claim a share in both ancestral and self-acquired property, provided certain conditions are met. This article explores the legal provisions that govern the inheritance rights of daughters in a mother’s property.
Can Daughters Claim Share in Mother’s Property?
Inheritance Under Hindu Law:
Self-Acquired Property:
If a mother owns property that she has acquired using her own resources (i.e., not inherited from her ancestors), she has the full right to decide how to dispose of it, including through a will. In this case, daughters have the right to inherit the mother’s property if the mother has not made a will contrary to this intention.
Ancestral Property:
If the mother inherits ancestral property, then the inheritance rights of her children (sons and daughters) are governed by the Hindu Succession Act, 1956. The Act has provisions for both sons and daughters to inherit ancestral property. With the amendment of the law in 2005, daughters were granted equal rights to inherit ancestral property, making them coparceners (equal shareholders) in the property.
Key Legal Developments for Daughters:
Hindu Succession (Amendment) Act, 2005:
This amendment to the Hindu Succession Act, 1956 granted daughters the same rights as sons in the ancestral property. Daughters now have the right to claim a share in the ancestral property, and they also have the right to demand a partition of that property.
Coparcenary Rights:
With this amendment, daughters are considered coparceners in the family property, which means they have an equal right to the inheritance and can demand their share just like sons.
After the Mother’s Death:
If the mother passes away without a will, and the property is self-acquired or ancestral, the daughters have the right to inherit a share in the property, alongside any sons or the husband, depending on the specific circumstances of the estate.
Inheritance Under Muslim Law:
Under Muslim law, inheritance is governed by the Shariat law, and the distribution of property is done based on specific shares.
A daughter is entitled to inherit from her mother’s property. However, the share of a daughter is generally half the share of a son. Therefore, while a daughter does have the right to claim her share, it may not be equal to the share of her brothers.
Inheritance Under Christian and Parsi Laws:
Christian law and Parsi law follow the Indian Succession Act, 1925, where daughters have the right to inherit their mother’s property, and the distribution is done based on the mother’s will or the rules of intestate succession (if no will exists).
Daughters have the right to claim their share in the mother’s property whether it is self-acquired or ancestral, and if there is no will, the property is distributed among the legal heirs according to the rules of inheritance under these laws.
When Does the Right to Inherit Apply?
If the Mother is Alive:
If the mother is alive, she has the complete right to manage and dispose of her property as she wishes, including giving it to her daughters, either through a gift or a will.
After the Mother’s Death:
If the mother passes away without a will, the property will be distributed according to the laws of inheritance under the relevant personal law.
- Under Hindu law, the daughters, along with other legal heirs (sons, husband), will inherit the property.
- Under Muslim law, daughters inherit half the share of the sons.
- Christian law and Parsi law provide that daughters are entitled to inherit equally with sons, unless a will states otherwise.
Practical Considerations for Claiming the Share:
If the Property is Self-Acquired:
The daughters’ claim will depend on the mother’s will. If no will is made, the daughters, along with other heirs, can claim their share under the law of intestate succession.
If the Property is Ancestral:
The daughters can claim their share as coparceners, as long as they were born before the father’s death (if the property was inherited from the father).
Partition:
If there is a dispute among the legal heirs (sons and daughters) regarding the share, they may approach the court to file a partition suit and seek the legal division of the property.
Legal Procedure for Claiming the Share:
Succession Certificate:
The daughters may need to obtain a succession certificate from the court, especially if there is no will and the property is to be divided.
Intestate Succession:
If the mother dies intestate (without a will), the daughters can claim their share according to the personal law applicable to the family (Hindu, Muslim, Christian, or Parsi law).
Will and Testament:
If the mother has made a will, it will govern the distribution of the property. Daughters can claim their share if the will grants them that right.
Example:
Suppose a mother, Priya, owns a house which she has acquired through her own resources (self-acquired property). Priya has two children, a son and a daughter. If Priya dies without a will, both the son and the daughter are legally entitled to claim an equal share in her property, according to Hindu succession law. In this case, the daughter has the same rights as the son and can demand her share of the property.
If Priya had inherited the property from her father (ancestral property), then both the son and daughter would equally share the property, as per the Hindu Succession (Amendment) Act, 2005. However, if the property were to be governed by Muslim law, the daughter would receive half the share of the son.
Conclusion:
Yes, daughters have the legal right to claim a share in their mother’s property, whether it is self-acquired or ancestral, depending on the applicable personal laws. Under Hindu law, the Hindu Succession (Amendment) Act, 2005, ensures that daughters have equal rights as sons in ancestral property. Under Muslim law, daughters inherit half the share of sons. Christian and Parsi laws provide for equal inheritance rights. The daughters can claim their share by filing a petition, and if necessary, seeking a succession certificate or filing a partition suit if there are disputes.
