Stories
Do Daughters Have Rights to Mother's Property? Know the Law
- •According to the Hindu Succession Act of 1956, sons and daughters have equal rights to a mother's self-acquired property if she dies without a will.
- •Under Muslim Personal Law, property distribution follows Shariat rules where a son receives double the share of a daughter.
- •Essential documents such as a Death Certificate and Legal Heir Certificate are required to legally claim a share in the property.
- •Writing a clear will by the mother can prevent future family disputes and legal complications.
Key Questions Answered
According to the Hindu Succession Act of 1956, if a mother dies intestate, her self-acquired property is distributed equally among her legal heirs, which includes her husband, sons, and daughters. Even after marriage, a daughter retains an equal right to claim a share in her mother's property.
Under Muslim Personal Law (Shariat), children do not automatically receive an equal share. A son is entitled to double the share of a daughter. Specifically, a son receives a two-thirds share, while a daughter receives a one-third share, which also applies to married daughters unless modified by a valid will.
To legally claim a share in a property following a mother's death, necessary documents include the death certificate, legal heir certificate, and the underlying property documents. If a will exists, it must also be officially probated.
