Asked April 21, 2017

Women's share in property

  • 2 Answers

My mother is widow and i have no siblings, we are staying in our grandmother home (mother's mother) since 22 years, now my age is 23. my mother has 3 elder brothers and 1 younger sister, all are married. my question is "do my mother as equal rights in her fathers property???"

Answers 2

Assuming that you are a Hindu, as per the Hindu Succession Act, a daughter has equal share in her father's property as her brothers. Her status as a widow does not alter her right in the property. Even if she was not living with her mother, your mother is entitled to a share in her father's property. Therefore, after your grandfather's death his property will be distibuted equally between his widew and 5 children. This will be possible only if your grandfather has not left a will. If there is a will then his self -acquired property will be distributed as per the terms of the will and your mother may not get the property if it is not provided for in the will.  Further, daughters were allowed a share in the property only after 2005, therefore for your mother to get an equal share as her brothers, your grandfathers's year of death is important. If he died before September 9, 2005 then your mother will not have a share. If he died after September 9,2005 then she will get an equal share.

Agree Comment 1 Agree over 4 years ago
  • Default avatar
    Thank you.
    Agree 0 Agrees over 4 years ago

Since the property is in her name, you can get a share only if she gifts it otherwise the property will be transferred to her children only after her death. She can execute a will and divide the property the way she wants. If she fails to execute her will, then after her death, it will be equally divided among her children

Agree Comment 0 Agrees over 4 years ago

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