Vishal Kapoor
Asked August 31, 2016

Claim of married daughter in the ancestral property

  • 2 Answers

An ancestral property left behind by deceased father intestate has been mutated in the name of 4 Successors - (1) Son, (2) deceased Son's wife and (3&4) Two Married Daughters. Now, can the Married Daughter(s) claim division of the property/ disposal of the entire property/ their Share(s) under Hindu Succession Act, 1956 (as amended) specially when the Son dos't has any other house to live.

Answers 2

The Indian Succession Act, 1956, was enacted primarily with the objective of regulating the property of instate. Section 6 of the said Act focuses upon the ‘devolution of interest in coparcenary property’. The 2005 Amendment broadened the sphere, and entitled daughters for instate succession of the coparcenary property. Section 6 sub-section 3 clause (a) clearly states that ‘the daughter is allotted the same share as is allotted to a son’.

Prior to the 2005 Amendment, the daughters could not inherit the property as their male counterparts do, which was considered to be highly discriminatory and against the notion of gender equality. Therefore, the Amendment broadened the scope by including daughters under its spectrum. Now, answering the query, the married daughters are equally entitled to the instate succession as their male counterparts are. And, no law forbids this right.

Agree Comment 0 Agrees about 5 years ago
  • Default avatar
    Vishal Kapoor
    Dear Mr. Shreyan, At the outset I appreciate and thank you for your reply. Apparently You have missed my pin pointed query which I have tried to make i.e. " Can the Married Daughter(s)/ Deceased Son's Wife claim division of property/disposal of the entire property / their share in the competent Court specially when the Son dosn't have any other House to live." Shall be grateful if you clarify asap.
    Agree 0 Agrees about 5 years ago

The earlier answer talks of the 2005 Amendment which gives the Right to the Daughter (including married women) in intestate succession. The legislation with its 2005 amendment widened the scope, and allowed daughters to receive equal share as of sons. That means, yes, the daughter CAN demand a partition. Unfortunately, the fact that the son has no other place to live, will not be able to change this. You might not be able to prevent the partition of the house, if your sister has decided to go ahead with it. In case you are worrying about losing your house, one thing you could do is offer to buy your sister's share from her. 

Agree Comment 0 Agrees about 5 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.