Legal Question in Real Estate Law in India
can a girl ask for equal share in parents property
I thought that Indian women have equal share in parents property. But my brother tells me that the women get share from the parents share. Suppose parents have 3 sons and 2 daughters, they divide into 4 parts(3 sons + parents)and the daughters have the right to ask for parents share(1/4 th). Is that true?
Thanks....
4 Answers from Attorneys
Re: can a girl ask for equal share in parents property
In India as per Hindu Succession Act, even a girl is eligible for equal share in the property. However, since you have not specified your religion i would not be able to advice you specifically. However, if u don't belong to a hindu undivided family and are a Hindu by birth, your brother is wrong, because u will be able to claim equal rights in the property
Re: can a girl ask for equal share in parents property
That depends upon the religion. Please confirm the religion.
Re: can a girl ask for equal share in parents property
It is true that daughter gets only one equal share in her father's share only and not equal rights in father's property, provided that it is an Inherited property. If your father has earned the property out of his self acquired money then the equal share is available to all persons including daughters.
You have not explained whether it is self acquired by your father or whether it is a Inherited property.
In inherited property from your fathers share it is only 1/5 share which is available and not as 1/4th the example given shows three sons and two daughters, totally five shares. so it is only 1/5 and not 1/4th share. besides if the mother is alive she will take one more share which again if you add it will be six persons. and you will get 1/6 share.
B.Balasubramanya.
Re: can a girl ask for equal share in parents property
Women do have equal shares in the self acquired property of the parents.
In case of property of an undivided hindu family, the share of women is like what your brother told you.
However, most of the States have amended the provisions of the Hindu Succession Act whereby equal shares have been provided to women in the property of an undivided hindu family.
Since you did not specify as to from which State you belong, it is not possible to specify whether such an amendment has been made in your State.