Marriage alone does not end a daughter’s inheritance rights. Before determining her share, it is necessary to consider the nature of the property, the applicable personal law, any will and any valid partition made earlier.
Section 6 of the Hindu Succession Act provides that a daughter has the same birthright as a son in a Mitakshara coparcenary. Rights in her father’s separate property during his lifetime and intestate succession after his death are distinct questions. Under Section 8 and the Schedule, a daughter is a Class I heir. The share will not be the same in every situation.
What should you do now?
- Check who acquired the property and how, including its chain of title.
- Clarify whether there is a will or partition deed, and whether the father has died.
- Determine the share and the appropriate means of partition, taking all eligible heirs into account.
Which documents should you keep?
Title deeds, family tree, death certificate, will and partition records.
Avoid this mistake
The claims ‘the share is gone because expenses were incurred on the wedding’ and ‘there is a share in every property right now’ may both be incomplete.
A hypothetical example
The father dies without a will, and the daughter was married earlier. She cannot be excluded solely on the basis of her marriage. The shares will be calculated after considering the property and all eligible Class I heirs.
Can a father sell his self-acquired property?
Generally, a lawful owner can dispose of their property; actual ownership and legal restrictions must be considered.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.