As a married daughter, do I’ve any rights to my mom’s property?

I’m a married lady and my mom, who was a working lady, collected a number of property by way of her personal earnings. Nonetheless, neither my father nor my brother appear keen to contain me within the distribution of my mom’s property. On this state of affairs the place my mom didn’t go away a legally legitimate will, what rights do I’ve relating to her self-acquired property?

—Identify withheld on request

As per your question we assume that your mom is a Hindu. Additional, we assume that there isn’t any proper or curiosity of another particular person within the property and that the identical had been held solely by her. We additional perceive that her properties are self-earned and self- created.

In case a feminine dies intestate (with no will), her property are ruled by basic guidelines of succession in case of feminine Hindus as talked about in Hindu Succession Act, 1956 (HSA). The related portion of the availability is enumerated beneath on your reference:

“Part 15. (1): The property of a feminine Hindu dying intestate shall devolve in accordance with the foundations set out in part 16,

(a) firstly, upon the little children (together with the youngsters of any predeceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband ; (c) thirdly, upon the mom and father ; (d) fourthly, upon the heirs of the daddy; and (c) lastly, upon the heirs of the mom. …..”

“Part 16: The order of succession among the many heirs referred to in part 15 shall be, and the distribution of the intestate’s property amongst these heirs rule. 1—Among the many heirs laid out in sub-section (I) of part 15, these in a single entry shall be most well-liked to these in any succeeding entry, and people included in the identical entry shall take concurrently…”

To simplify the above, the Act states that if a feminine Hindu dies intestate, her property shall devolve firstly upon her youngsters (sons, daughters (together with the youngsters of any pre-deceased son or daughter)) and her husband. This division is supposed to be equal in nature between the husband and kids. Thus, a daughter has equal rights to a deceased mom’s property.

The Act additionally makes no distinction between married or single daughters. Thus, she will get equal rights within the self-acquired property of her mom alongside along with her brother (or different siblings) and father.

So, you may stake declare on the identical in the identical proportions as your brother and father.

Neha Pathak is head of Belief & Property Planning, Motilal Oswal Non-public Wealth.

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Up to date: 27 Jun 2023, 10:50 PM IST