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manumanualjohn 1325   05 February 2021

Academic query

How can a Hindu daughter inherit her fathers property? Is it possible to inherit those property by her children? 



Learning

 3 Replies

Rohini Kamble   05 February 2021

According to Hindu Succession Act, 2005 daughters can inherit their father's self acquired and ancestral property too. 

Yes, her children will have share in her property. (It may be self acquired or ancestral or both). 

I hope you find this helpful. 

Regards! 

kavksatyanarayana (subregistrar/supdt.(retired))     05 February 2021

yes. all the children including daughters have equal rights.

Simran Chhatwal   19 February 2021

As per the Hindu Succession (Ammendment) Act, 2005, a daughter has been given the same coparcenary rights as that of a son.

Section 8 of the Hindu Succession Act, 2005 deals with General rules of succession in the case of males.

It states:- The property of a male Hindu dying intestate shall devolve-
 (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
 (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
 (c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
 (d) lastly, if there is no agnate, then upon the cognates of the deceased.

CLASS I of the Schedule includes -
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Daughter has been included in class I of the Schedule and incase of a pre-deceased daughter, her children have also been included. Hence, a Hindu daughter can inherit her fathers property,Additionally, the children of the pre-deceased daughter can also inherent such property as per the provisions of section 8 and class I of the schedule of the Hindu Succession Act, 2005.


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