• Inheritance/Succession rights of daughters prior to HSA 1956

Under Mitakshara School of Hindu law what is the legal position regarding inheritance/ Succession rights of daughters if father died intestate in 1951 leaving behind self acquired property survived by widow (died 1989), One major son and two minor daughters. 
Son being eldest paid for maintenance of all and got one sister married in 1960. The second sister died spinster in 2014.
In 1976, in presence of his mother(deceased 's widow) , the Son partially divided his HUF between himself and his three sons providing for maintenance of unmarried daughter and widow mother. 
Now, can the married (1960) daughter, claim 50% or any other part share in the estate of her deceased father(died 1951) under Mitakshara School of Hindu law. 
Please advise with case law if any.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

hindu women right to property act 1937 enabled the widow to succeed along with the son and to take a share equal to that of the son.

2)t he widow was entitled only to a limited estate in the property of the deceased with a right to claim partition . A daughter had virtually no inheritance rights.

3)daughter would not be entitled to claim 50 per cent share in estate of her deceased father

4) Section 6 of hindu succession act deals with the devolution of the interest of a male Hindu in coparcenary property it says that if a male Hindu dies leaving behind his share in Mithakshara Co-parcenary property , such property will pass on to his sons, son's son's, son's son's son by survivorship, on surviving members. In case there are female relatives like daughter, widow, mother, daughter of predeceased son, daughter of predeceased daughter, widow of predeceased son, widow of predeceased son of a predeceased son, then the interest of the deceased co-parcenary will pass on to his heirs by succession and not by survivorship

5) in the present case father died before commencement of hindu succession act 1956

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

in my view daughter would not have any inheritance rights . there is no provision in hindu right to property act giving any share to daughters

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The daughter is not entitled to a share equal to that of son because her father died before the amendment came into effect.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

What you have heard from the mouth of supreme court lawyer is absolutely right

Therefore better be within the framework of law

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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