Nilesh 05 November 2017

Can married daughter ask for equal share in ancestral proper

Hi law Experts,

A hindu person from Maharashtra died before 2002. He has 4 son and 2 daughters.

2 daughters married before 1985.

His wife also expired.

So as per current hindu property act,

Does both daughters has rights to ask for equal share?

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4 Replies

Vijay Raj Mahajan (Advocate) 05 November 2017

Yes under the Hindu Succession Act 1956 daughter has equal share as son in the self acquired property of the Hindu father.

Nilesh 05 November 2017

Hello Adv. Raj Sir,

Appreciated your quick response.

But could you please make me clear on below point?

Daughters cannot inherit ancestral property if father died before 2005.

As below link says

https://indiatoday.intoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html

And in this case, person died in 2002. And daughters got married before 1985.

Please clear me once again.

Thanks in advance.

Vijay Raj Mahajan (Advocate) 05 November 2017

Read my reply clearly. I mentioned 'self acquired property of the father' didn't say 'ancestral property'. What you talk is with regard to 'ancestral property' which not self acquired property of the father. Marital status namely marriage before1985 will not change their right to claim and get their share in the property of their father even if he died in 2002.

Nilesh 05 November 2017

Ok sir. Now i am clear about what u r saying. Could u plz help me to get what below link is saying? As it says that daughter can not inherit ancestral property. Why it is saying this? https://indiatoday.intoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html