Do married daughters have the right to claim succession?

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Answer By law4u team

Yes, married daughters do have the right to claim succession in India, depending on the type of property and the personal law applicable. 1. Under Hindu Succession Act, 1956 (amended in 2005) Applicable to Hindus, Buddhists, Jains, and Sikhs: - Equal Rights: A married daughter has the same rights as a son in her father’s or mother’s property (ancestral or self-acquired). - Coparcenary Property: Since the 2005 amendment, daughters are recognized as coparceners in a Hindu Undivided Family (HUF), with equal rights and liabilities. - Her marital status does not affect her inheritance rights. 2. In Case of Self-Acquired Property - If the father/mother dies intestate (without a will), the married daughter is a Class I heir and inherits equally with other Class I heirs like sons, widow, and mother. 3. Under Muslim Law - A married daughter is entitled to inheritance, but her share is usually half that of a son. - The share may vary depending on whether the property belongs to the father or mother and the number of heirs. 4. Under Christian and Parsi Law - Married daughters have equal rights to inherit from their parents, just like sons. 5. Will (Testamentary Succession) - If a will is made, the property is distributed as per the wishes of the deceased, regardless of gender or marital status. Key Point Marriage does not disqualify a daughter from inheriting property under any Indian personal law. Courts have consistently upheld the equal right of daughters, whether married or unmarried.

Answer By Anik

Dear client, Yes, absolutely. An Indian-born daughter who is married has the same ability to claim a succession certificate as unmarried daughters, sons or any other heirs. Her marriage will not prevent her from taking her parents’ property or from obtaining a succession certificate. Right to property for Hindus is now governed by the Hindu Succession Act, 1956 with amendments from the Hindu Succession (Amendment) Act, 2005 Revolutionary change was brought by the Hindu Succession (Amendment) Act, 2005. The law now ensures that daughters are born as coparceners like their brothers in an HUF, due to changes made to Hindu Succession Act of 1956 in Section 6. No Matter Marital Status: According to this law, a daughter has identical rights and duties in her father’s (and HUF’s) ancestral property, even if she is married, not married, divorced or a widow. A son, daughter or widow (who lives or who has children) becomes a Class I heir to a Hindu male’s self-acquired property if he dies without making a will. This means Class I heirs—the son, widow, mother and Class I heir—all inherit equally. Even if a married or unmarried daughter is involved, she is entitled to the same part of her mother’s property as any male heir. When a Hindu woman does not have a will, her children and husband inherit her estate in equal parts. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear client, Yes, absolutely. An Indian-born daughter who is married has the same ability to claim a succession certificate as unmarried daughters, sons or any other heirs. Her marriage will not prevent her from taking her parents’ property or from obtaining a succession certificate. Right to property for Hindus is now governed by the Hindu Succession Act, 1956 with amendments from the Hindu Succession (Amendment) Act, 2005 Revolutionary change was brought by the Hindu Succession (Amendment) Act, 2005. The law now ensures that daughters are born as coparceners like their brothers in an HUF, due to changes made to Hindu Succession Act of 1956 in Section 6. No Matter Marital Status: According to this law, a daughter has identical rights and duties in her father’s (and HUF’s) ancestral property, even if she is married, not married, divorced or a widow. A son, daughter or widow (who lives or who has children) becomes a Class I heir to a Hindu male’s self-acquired property if he dies without making a will. This means Class I heirs—the son, widow, mother and Class I heir—all inherit equally. Even if a married or unmarried daughter is involved, she is entitled to the same part of her mother’s property as any male heir. When a Hindu woman does not have a will, her children and husband inherit her estate in equal parts. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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