Legal Question in Intellectual Property in India

Inheritance right(ancestral and self acquired property by father) for married hi

I am married hindu woman .I want to know what are the rights of inheritance of married hindu daughters for ancestral property and self acquired property by father(like residential house)?My father has some ancestral property (land) and he has himself bought some property (residential house and plots).We are 3 sisters and one brother.I want to know what right we will have in my fathers property especially self acquired property-house.I read somewhere that married daughters have no claim if son is residing in that house?Is this true?


Asked on 4/21/03, 5:55 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Inheritance right(ancestral and self acquired property by father) for marrie

Right of inheritance is basically governed by personal laws. Though you have not specified whether your father is also a Hindu, I am presuming him to be a Hindu. The inheritance will be then governed by Hindu Succession Act, 1956 as amended by various States in its applicability to those States.

The Right of Inheritance to married daughter has been there all along since 1956. While in case of self acquired property this right is equal and in case of ancestral properties as per fiction of deemed partition amongst coparceners on death of karta or one of the coparceners. In fact, by the amendments made by various States, this right has been enlarged and now in most of the States, married daughters have been given equal rights in ancestral properties also.

However, as regards self acquired properties, the owner of that property has absolute rights of disposing of his/her property by a Will.

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Answered on 4/22/03, 6:29 am
Jayesh Desai Jayesh Desai

Re: Inheritance right(ancestral and self acquired property by father) for marrie

Married daughter has the same right as the son. Only difference between self acquired and ancestral property is - one can be given by will and the other cannot be as grandchildren have a right over their grandparents' property.

If your father got it by will of his parent/s then it becomes self acquired property as far as law is concerned.

Your father then can will it away to whom ever he likes - to the exclusion of the other.

It is not clear - that your father is alive or not?

If he is alive then he can make a wil.

Just because a son is living with father - married sisters do not loose their right.

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Answered on 4/21/03, 1:52 pm


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