Hindu Property Inheritance: Rights of Daughters, Sons & Widows

Last updated: October 9, 2025 Type: Article

The Hindu Succession Act, 1956 governs how property is inherited among Hindus, Buddhists, Jains, and Sikhs in India. It covers both male and female inheritance, ensuring fair distribution after a person's death — especially after the 2005 amendment, which made daughters equal to sons in ancestral property.

Key Highlights

Applies to Hindus, Buddhists, Jains, and Sikhs.
Divides legal heirs into Class I (close family) and Class II (extended family).
Daughters and sons have equal rights in ancestral property (after 2005).
Married daughters have the same rights as unmarried ones.
Widow, mother, and children inherit equally if a man dies without a will.
If there are no legal heirs, property goes to the government.
Recognises women's right to own and transfer property independently.

State-Wise Notes

State/UT	Special Provision/Note
Maharashtra	Adopted the 2005 amendment early; strong enforcement of daughters' rights.
Tamil Nadu	Granted equal coparcenary rights to daughters even before 2005 (since 1989).
Kerala	Abolished the joint family system (HUF) through the Kerala Joint Family System (Abolition) Act, 1975.
Karnataka	Follows central amendment; daughters' rights fully recognised.
Delhi, UP, MP, Rajasthan	Follow the central Hindu Succession (Amendment) Act, 2005 uniformly.

Quick Example

If a Hindu man dies without a will, leaving behind a wife, one son, and one daughter —
→ Each gets a 1/3 share of the property.
If the daughter is married, she still gets an equal share.

FAQs – Hindu Property Inheritance

1. Who does this law apply to?: Hindus, Buddhists, Jains, and Sikhs.
2. Does it apply to Muslims or Christians?: No. They follow their own personal laws.
3. What happens if a Hindu dies without a will?: Property is distributed among legal heirs as per this Act — spouse, children, and mother first.
4. Are sons and daughters treated equally?: Yes. After the 2005 amendment, both have equal rights in ancestral property.
5. Can a married daughter claim her share in her father's property?: Yes. Marriage does not affect her inheritance rights.
6. What are Class I heirs?: Immediate family — sons, daughters, widow, and mother.
7. Who inherits if there are no Class I heirs?: Then property goes to Class II heirs — father, brother, sister, etc.
8. Does a widow lose her rights if she remarries?: No. A widow retains her right to inherit property.
9. Can a Hindu woman own and transfer property?: Yes. Women can own, inherit, and will property just like men.
10. What if a child dies before the parent?: The child's heirs (like their children) get that share.
11. Can an adopted child inherit property?: Yes. Adopted children have equal inheritance rights as biological ones.
12. Does this law apply if there's a valid will?: No. A registered will overrides this Act.
13. Can grandchildren inherit property?: Yes, if their parent (the deceased's child) is no longer alive.
14. Can a person be disqualified from inheriting?: Yes, for example, if they murder the deceased or renounce Hinduism (depending on circumstances).
15. Do daughters have rights in ancestral land and HUF property?: Yes. Daughters are now coparceners, just like sons, and can demand partition.
16. Can a mother claim a share in her son's property?: Yes. The mother is a Class I heir and inherits equally.
17. What happens if someone dies with no relatives?: The property goes to the government (escheat).
18. Can a daughter become the head (Karta) of a Hindu Undivided Family (HUF)?: Yes. After 2005, daughters can be Karta of an HUF.
19. Can siblings claim property after many years?: Yes, but it's better to act within the limitation period (12 years for partition suits).
20. Can a family settle property shares without going to court?: Yes. They can do it via a registered family settlement deed to avoid disputes.