Introduction: Women in India have inheritance right to the property of her ancestors depending on the religion to which she belongs. Different communities have different inheritance rights.
Right Of Hindu Women :
It is governed by Hindu Succession Act, 1956: In India there are two schools of Hindu Law namely ‘ Mitakshara’ and ‘ Dayabhaga’. Dayabhaga’ school is followed in limited areas whereas Mitakshara school is widely accepted in large parts of the country. The major difference between the two is with respect to inheritance and Joint Family System.
Mitakshara Law recognizes two modes of devolution of property namely Survivorship & Succession The rule of Survivorship applies to the Joint Family Property and rules of Succession apply to separate property under absolute ownership held by the deceased.
However , Dayabhaga school recognizes only one mode of devolution, which is Succession.
The cardinal doctrine of Mitakshara school is that property inherited by a Hindu from his father, father’s father or father’s father’s father is ancestral property which meant unrestricted heritage as regards his male issues. A property inherited by a Hindu from other relations is his separate property. A female cannot be a coparcener under the Mitakshara school.
However after the amendment of the Hindu Succession Act in 2005, a female becomes a coparcener by birth in their own right in the same manner as the son and are therefore entitled to equal share as that of a son.
Wife : A wife is entitled to an equal share of her husband’s properties like other surviving entitled heirs . If there are no other shares, the wife has full full right to inherit the entire property of her deceased husband.
A married woman has also exclusive rights over her individual property. She is the sole owner of her assets whether these are earned, inherited or gifted.
In case of inter faith marriage, the wife is entitled to Inheritance as per the personal law applicable to the religion of her husband.
If a couple is divorced , all issues related to maintenance and permanent alimony are ordinarily decided at the time of divorce. Wife does not have a right in his estate if he dies without a will.
Daughter : After the amendment of the Act in 2005, now a daughter has equal right to ancestral property as a son and her share in it accrues by birth itself.
A daughter will have the same rights as a son to the father’s property be it ancestral or self acquired. If father had died before 2005,she will have no right over the ancestral property and self acquired property will be distributed as per father’s will.
In case of self acquired property, father has a right to gift the property or will it to anyone he wants and a daughter would not be able to raise any objection.
Mother and Sister : Mother is entitled to receive an equal share of property of her predeceased son like other surviving entitled bsharers.
The sister after a brother’s death being a class II legal heir would inherit along with others as per entry II only if class I legal heir and the father of the deceased has also expired.
Conclusion: In view of the Amendment to the Hindu Succession Act in 2005, a daughter of a coparcener becomes a coparcener if the property upon which she is staking claim has not been partitioned before December 20,2004.
It is worth mentioning here that the Hindu Succession Act is applicable related to intestate or unwilled succession among Hindus , Buddhists, Jains and Sikhs
My upcoming blog/s would comprise details of succession to unwilled properties to women of other communities as well.
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