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Can daughters claim a right in ancestral property
10-Feb-2023 (In Property Law)
HI, need one crucial info from you regarding ancestral property being in the name off Grandmom and they have 2 son and 2 daughter. 2 sons and 1 daugher are not alive (since 20 yrs). Howerver all of them have children . Kindly confirm if daughers can claim any share in that property
Your question has very limited amount of information that is needed, however
As per Hindu Law :-
Daughters (irrespective married or not) have equal rights in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.
As per Muslim Law :-
As per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1. An Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937.
Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. But if he has married under Special Marriage Act, then he can will away entire property, and succession is governed by Indian Succession Act, and not the Muslim personal law i.e. Shariah Act 1937.
As per Christian law :-
The British Indian Government enacted the Indian Succession Act, 1865 which was to apply in the case of Christians. This Act was later replaced by the Indian Succession Act, 1925 (hereinafter referred to as “ISA”), which currently governs the inheritance in case of Christians. Certain customary practices also influence the principles of inheritance in case of Christians and have also been considered by the courts in India.
Further queries, contact for consultation
As per Hindu Law :-
Daughters (irrespective married or not) have equal rights in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.
As per Muslim Law :-
As per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1. An Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937.
Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. But if he has married under Special Marriage Act, then he can will away entire property, and succession is governed by Indian Succession Act, and not the Muslim personal law i.e. Shariah Act 1937.
As per Christian law :-
The British Indian Government enacted the Indian Succession Act, 1865 which was to apply in the case of Christians. This Act was later replaced by the Indian Succession Act, 1925 (hereinafter referred to as “ISA”), which currently governs the inheritance in case of Christians. Certain customary practices also influence the principles of inheritance in case of Christians and have also been considered by the courts in India.
Further queries, contact for consultation
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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