Right of Inheritance and Succession
Governs the right of Hindu Women in “intestate
property”
Applies to Hindu,
Sikh, Jain and
Buddhist
communities only
Hindu Succession
Act, 1956
(‘The Act’)
Recognizes the
absolute right of
women in
property
possessed by
them
Provides for rights of women in Coparcenary i.e. Hindu
Joint Family property.
Right of Inheritance and Succession – Self-owned Property
•
Daughters and wives are Class I heirs under the Act; At par with other male
members in the family
•
On death of a male member his self-owned property will first be divided in
equal portions among Wife, Daughters , Sons and Mother
•
Property includes both movable and immovable property - agricultural and
non-agricultural land, heirloom, jewelry, cash etc.
•
In case of a deceased daughter, her son or daughter could demand the same
rights
“Intestate Property “ is property
which devolves on succession and
not by way of a written will
Right of Inheritance and Succession – Coparcenary Property
•
Rights in joint Hindu family property or “Coparcenary Property”
 Daughter to get an equal share as other male members in the coparcenary
 Daughters can demand partition of the Joint Family estate
•
For instance: Where a Grandfather, father, son and daughter form a
Coparcenary. On death of the Grandfather, Daughter will be entitled to same
share as that of father and son.
Right of Inheritance and Succession – Dwelling House
•
Dwelling house owned by the father/husband, inhabited by other male
members:
 A daughter/wife has the same right to peaceful co-existence as other
male members of the family

A daughter/wife can demand the partition of a dwelling house , if
required

Marital status of a daughter has no bearing

Re-marriage of a Son’s widow does not exclude her from
effecting this right