the dude (law) 09 October 2010
My mother's grandfather had some property in mumbai. now my mothers father has passed away and he had 6 children 3 sons and 3 daughters(my mother one of the daughter)
My mother is born 1946 does she have rights in her grandgathers property? thnk you for the reply in advance
The Hindu Enactment Act, 1956, established that women have equal inheritance rights, as men; and it abolished life estate of female heirs. However, this law could not do the needful as there was another law, the Mitakshara coparcenary that overruled the previous law.
According to Mitakshara coparcenary, in a joint family, a daughter will get a small share of property compared to the son. While the father’s property is shared equally between brother and sister; the brother, in addition, is entitled to a share in the coparcenary from which the sister is excluded. If the family owned a dwelling house, the daughter’s right is confined only to the right of residence and not possession or ownership.
According to The Indian Succession Act, 1925, everyone is entitled to equal inheritance, except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter of a person dying intestate would be entitled only to one-fourth of the son’s share, or Rs. 5,000/- (Sthree Dhana), whichever is lesser.
To actually achieve equal inheritance to all, the laws will have to be amended. In regard to succession to property among Hindus, the right by birth should be abolished and the Mitakshara coparcenary should be converted into Dayabhaga, that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. Daughter of a coparcener in a Hindu joint family governed by Mitakshara Law to be coparcener by birth in her own right in the same manner as a son; to have right of claim by survivorship and to have same liabilities and disabilities as a son; coparcenary property to be divided and allotted in equal share.
However, to actually achieve equal inheritance to all, the laws will have to be amended. In regard to succession to property among Hindus, the right by birth should be abolished and the Mitakshara coparcenary should be converted into Dayabhaga; that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property.
The Hindu Succession (Amendment) Bill, 2004, giving daughters and sons equal rights to property. According to this bill, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family.
But If however, any of the parents have built some property and have made a will of their own, this law would be ineffectively.
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