Married daughter has equal right in the property of her mother as the son, and in case the mother dies intestate, the married daughter inherits her share equally with the son as per the Act of 1956. If a mother makes a will, the property bequeaths as per the will, and if the mother dies intestate, the laws of inheritance are applied as per the 1956 Act.ĭistribution of the mother’s property between her son and married daughter: Once the share of a daughter has been transferred to her after the partition of property of her father, she becomes the absolute owner of her share. Read More: Settlement deed between brother and sister residing abroad maternal grandfather), if such father dies intestate, the son/daughter of predeceased daughter of such father are included in Class I heirs given in the schedule of the 1956 Act and have a right to claim their share.Īfter the partition of property in which a woman (mother) has a share, she becomes the absolute owner of her share:
In case of self-acquired property of the father (i.e. However, during the lifetime of the mother, only the mother has a right to claim her share in this property of her father and as a son or daughter of such mother, the person can file a suit for partition only through power of attorney executed by mother in favour of her children. Thus if a daughter (who is a mother also) dies before the partition of her father’s ancestral property, the children of such pre-deceased daughter have a right in the ancestral property of their maternal grandfather and can claim partition. Right to mother’s property also includes right to the share of the mother in her father’s property, and children of a predeceased mother have a right to claim the deceased mother’s share in the property of her father: –Īfter amendment of the 1956 Act in the year 2005, daughters are coparceners and have equal rights as a son, in the property of their father. In their absence, the property is inherited by other heirs as per the order of preference. Thus if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. Firstly, the children, children of predeceased children and husband.Mother and Father of the deceased mother.Read More: Property rights of a wife after husband’s deathĪccording to Section 15 of the Act, the following persons inherit a woman’s property after her death: Under Hindu Law, the property of a mother devolves as per the Hindu Succession Act, 1956 (the Act). Once the mother (a woman) acquires any property through will or gift or by inheritance or it a self-acquired property, she becomes the absolute owner of the same. Right to property is governed by personal and statutory laws.