Women in India now have more confidence and involvement in managing their wealth due to advancements in inheritance and property ownership rights. These changes are a result of improvements in Indian succession laws. This article gives an overview of daughters’ rights to ancestral and self-acquired property in India.
Understanding Property Types in India: Ancestral and Self-Acquired Property in India can be divided into two types: ancestral and self-acquired. Ancestral property is passed down through four generations of male descendants and remains undivided. Self-acquired property is bought by the father with his own money.
Daughters’ Inheritance Rights for Ancestral Property Daughters have the right to inherit their father’s ancestral property, regardless of their marital status. The Hindu Succession Act was amended in 2005 to consider daughters as coparceners in ancestral property, giving them equal shares as sons.
Inheritance Rights for Unmarried Daughters Unmarried and married daughters have equal rights to their father’s property, along with the same responsibilities.
Inheritance Rights for Daughters and Fathers Before 2005 The Hindu Succession Act granted daughters the same inheritance rights as sons during partition, regardless of their birth date. A Supreme Court ruling in 2020 established that daughters have a right to ancestral property even if their father passed away before the 2005 amendment.
Daughters’ Inheritance Rights for Non-Ancestral Property In the case of self-acquired property, the father can choose whether or not to pass it on to his children.
Inheritance Rights of Daughters Without a Father’s Will Daughters inherit their father’s property equally with their brothers when he dies without a will.
Inheritance Laws for Muslims in India Muslim personal laws apply to non-testamentary succession under the Muslim Personal Law (Shariat) Application Act, 1937. Muslim laws for inheritance are based on Islamic sources and don’t discriminate between men and women. Both genders become legal heirs after the ancestor’s death. However, Muslim males might receive a larger share due to their additional responsibilities.
Inheritance Laws for Christians, Parsis & Jews in India: Christians are governed by the Indian Succession Act of 1925, which ensures equal inheritance for both genders. If there’s no will, daughters inherit equally with their brothers. The widow receives a share based on the situation.
