- 07-Jun-2025
- Cyber and Technology Law
The distribution of property among heirs in India is governed by specific laws that depend on the religion of the deceased and whether the property is ancestral or self-acquired. In the case of daughters, the Hindu Succession Act, along with other personal laws, provides guidelines on how property is shared, especially when there are no sons to inherit.
Self-acquired property is property that an individual acquires on their own, either through earnings, inheritance, or purchase.
If a person dies without a will, and they have only daughters, the property is equally shared among all the daughters as per the provisions of the Hindu Succession Act, 1956.
In the absence of a will, the daughters are entitled to an equal share in the property, alongside any other legal heirs (if applicable, such as the spouse of the deceased).
Ancestral property refers to property inherited by a person from their ancestors, and it is typically joint family property.
Before the Hindu Succession (Amendment) Act, 2005, only male members of a family had the right to inherit ancestral property. However, with the 2005 amendment, daughters now have equal rights as sons in ancestral property.
Therefore, daughters are entitled to an equal share in the ancestral property as their brothers would have been entitled to before the amendment, irrespective of whether there are sons or not.
Under the Hindu Succession Act, if a person passes away leaving only daughters, they will inherit the property equally.
For example, if a father dies without a will and has two daughters, both daughters will inherit equal shares of the property, including self-acquired and ancestral property.
The legal rights of married daughters are no different from unmarried daughters in terms of inheritance under the Hindu Succession Act.
Married daughters have the same share as their unmarried counterparts, and their marital status does not affect their right to inheritance.
If the deceased has left behind a will, the property is distributed as per the instructions in the will, regardless of the gender of the heirs. If no will is made, the Hindu Succession Act applies, and the property will be divided equally among the legal heirs, which, in this case, would be the daughters.
Under Muslim personal law (Sharia), inheritance laws are different from Hindu law. Daughters inherit half the share of the sons.
For example, if a Muslim man passes away, leaving behind a son and two daughters, the son receives double the share of each daughter.
If there are only daughters, the distribution follows the principle that two daughters receive the share equal to that of one son. In the case of only daughters, the property is divided among them accordingly, and the proportion may vary depending on the number of daughters.
Christian inheritance follows the Indian Succession Act, under which both sons and daughters inherit equal shares of a deceased parent’s property.
In the case of only daughters, the property is divided equally among them.
Similarly, under Parsi law, sons and daughters are entitled to equal shares of the property of the deceased. The principle of gender equality applies here as well.
If a father passes away, leaving behind only two daughters, both daughters will inherit equal shares of the father’s self-acquired property and ancestral property under Hindu law.
For example, if the father had a house valued at ₹50 lakhs, each daughter will receive ₹25 lakhs as their share.
In a case where a Muslim father passes away, leaving only two daughters, they will share the property, but their total share will be equal to half the share of a son.
The Hindu Succession Act, 2005 ensures that daughters have equal inheritance rights as sons in ancestral property and self-acquired property.
Married daughters have the same rights in inheritance as unmarried daughters. Their marital status does not affect their share of inheritance.
If there are only daughters, the property is divided equally among them as per the applicable inheritance laws.
In the case of a will, the distribution of property follows the instructions given in the will. If no will is made, the applicable inheritance laws govern the distribution.
If a person passes away and leaves behind only daughters, the property is typically divided equally among them under the Hindu Succession Act for both ancestral and self-acquired property. In cases where Muslim law applies, daughters inherit half the share of a son, but still receive a portion of the estate. Gender equality in inheritance has been increasingly recognized in various legal frameworks, ensuring that daughters are not disadvantaged in property distribution.
Answer By Law4u Team
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