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Home > Know Your Rights > Women Rights of Inheritance
FAQ's | Landmark Judgements | Legal Frameworks

FAQ's

Q1.  What is meant by women’s right of inheritance?

A1.  Women’s right of inheritance means that a women has a right to get a share in the property of her ancestors after their death just as a son is entitled to inherit the ancestral and parental property of the family.

 

Q2.  What is the purpose behind providing right of inheritance to women?

A2.  Women have long been denied their rightful share since ancient times. The sole purpose of this right is to give women the equal right to inherit their ancestral property. This right gives the women the financial and social security and eliminates any kind of gender discrimination against them. They are now treated at par with the male members of the family in property matters and possess an equal share in the family property.

 

Q3.  Is a woman entitled for equal share in property in her father’s as well as ancestral property?

A3.  Earlier a woman was only entitled to a share in her father’s property, but not in her ancestral property. But now, since 2005, a woman is entitled to have a share in both her father’s property and her ancestral property. This has brought her at par with the male hiers of the family.

 

Q4.  I am a married woman. Do I have a share in my father’s property?

A4.  Yes, you have a right to your father’s property and the ancestral property even if you are married. The law makes it clear that irrespective of her marriage, a daughter has a equal share in her maternal home and property. Even your children will have the right to inherit that property after your death.

 

Q5.  Are these rights also available to Muslim women?

A5.  Muslims have not codified their property rights. However, their property rights are governed by muslim personal law. According to which a woman hier is entitled to get half of the share of property which her brother gets. That is, if a son gets 50% of the property, the daughter will inherit only 25% of the property. In this respect, the Muslim women’s rights of inheritance are not equal to their male counterparts.

 

Q6.  What are the salient features of the Hindu Succession Amendment Act 2005?

A6.  The new Act entitles the daughter to the same share as is allotted to a son. The daughter shall have a right to claim partition in the joint family properties as well as the right to claim right of partition in the dwelling house of the joint family and she shall also have a right to claim partition during the lifetime of her father.  No woman can be denied property rights on the basis of any custom, usage or text, and the said Act reformed the personal law and gave woman greater property rights.

 

Q7.  What rights were given to daughters by the Hindu Succession Amendment Act, 2005?

A7.  The Hindu Succession Amendment Act, 2005gives the following rights to daughters:

1. In a Joint Hindu family the daughter by birth become a heir in her own right in the same manner as the son.

2. She will have the same rights in the joint family property as she would have had if she had been a son.

3. She would be subject to the same liabilities in respect of the said family property as that of a son.

4. Any reference to a Hindu joint family property shall be deemed to include a reference to a daughter of a coparcener.

 
 
 
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