Can daughter claim mother's self acquired property?

There are various laws and rules in the country for property matters. Earlier daughters of the family have no right to ancestral property and a married daughter can not claim for father's self-acquired property in court. But after 2005 many rules and laws are changed now daughters have equal rights on ancestral property irrespective of marital status. Now let's read, can daughter claim mother's self-acquired property.

• A daughter cannot claim her right during the lifetime of her mother.

• According to Hindu Law, a daughter has equal rights to a mother's self-acquired property equally. The daughter can claim her right after the death of her mother on mother’s self-acquired property.

• According to Muslim Law, the daughter will receive ¼ part of the property from the mother’s self-owned property which is half of what a son gets.

• According to Christian Law, a daughter has equal rights on the mother's property. If the deceased mother left the will then the property will be distributed according to the will.

These are the rights of a daughter in different religions. Please note Jain and Buddhist family laws come under Hindu Law. Hope your query can daughter claim mother's self-acquired property is resolved by reading this answer.

Legal rights are changing almost every year, especially for women. Previously, women did not enjoy the same rights as men, but now rights have become equal for all irrespective of gender, caste, sex, and other factors in most cases in India. A daughters right in mother's property was not recognised before 2005. But now the Hindu Succession Act of 1956 has been amended. Many people still ask is mother property belongs to daughter and end up consulting with a lawyer. Let me help you with the latest updates about the daughters’ rights here so that next time you visit an expert, you can understand the rules precisely.

Does daughter get mother's property?

Yes, daughters now have the right to get their parents’ property. The Hindu Succession Act of 1956 states that

• Both unmarried and married daughter right in mother property is established 

• Daughters also have the right to inherit their ancestral property

• The rights of daughters are equal to the rights if sons now

• Daughters have an equal right to be coparceners. 

So these are the latest updates on does daughter have share in mother's property I am aware of. But yes, if you feel things are complicated in your case or you have several other siblings to share the property with, consult with an expert lawyer to help you out.

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Hindu law states that a mother automatically becomes the owner of any property, whether she acquires it naturally or through a will. It becomes her own self-acquired property. Even though the property is ancestral, if the mother received it as an inheritance from her father, it becomes the self acquired property of mother. The Hindu Succession Act makes no distinctions between married and unmarried daughters.

So, when it comes to the daughters right on mother's ancestral property, whether the daughter is married or single, she shares the same ownership rights in the mother's self-acquired property as her sibling and the mother's deceased spouse. Married daughters have the legal option to defend their inheritance rights by bringing a lawsuit under the Hindu Succession Act.

I have gone through the above-mentioned responses. I completely agree with Animesh’s answer, regarding the legal rights of daughter on mother's property. Daughters have a legal claim to their father's and mother's property, whether they are married or not. Daughters can now hold the position of manager, or Karta, over inherited property. They share the same duties and responsibilities as the sons.

Considering that Muslim law is not codified, personal laws apply to the mother's property rights.

India Succession Act, of 1925 governs the transfer of a mother's property after her death for all other religions outside Hindus, Buddhists, Sikhs, Jains, and Muslims. In general, the mother's relatives inherit first and are given preference over her spouse and her husband's relatives.

I hope this would help you with your query about the self acquired property of mother. I hope this helps:)

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A mother property rights to daughter is one of the most discussed about property matters. Well you should know that a mother’s property is always considered as a self-acquired property, irrespective of mode of ownership, i.e., whether she has got a share from the ancestral property, or it is self-earned.

Here are a few things about

mother property distribution law in India that you should know about. 

• Like a son, daughters too cannot claim their rights over such properties during her lifetime. The

  rights of married daughter in mother's property in India are same as unmarried daughters.

• There are lot of queries around

  can daughter claim mother's property when mother is alive but here’s the fact.

  Even if she is the sole beneficiary, the daughter cannot claim her rights during her mother’s lifetime.

• She can stake a claim equal to the sons after her death if she dies without a will.

• Both son and daughter have equal rights.

• Whereas, if a will was prepared before the death, the properties then will be handed over according to the wish mentioned in the will.

I hope you have a better idea of

right of daughter in mother's property in India now.

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Hi Buddy,

I am a legal practitioner. Recently, one of my friends, Priyanka, faced a legal property issue. She was evicted from her house and was informed by his brothers that all of their mother’s self-acquired property will be transferred to their wives or the daughter-in-law of the house. Priyanka was scared and had no idea about the law regarding the daughter right in mother property. Priyanka’s mother was against this but was not able to defend her.

We met at a coffee shop, where she expressed all that has happened to her. I found her helpless and being a lawyer it was my duty to inform her about the Indian law involving the

mother property rights to daughter. 

I gave her courage and informed her that the daughters had no right to the property before the 2005 Amendment in Hindu Succession Act. They were only family members with no ownership interest in the property. A daughter was considered a member of her husband's family after they married. 

However, a daughter now has specific rights that she can exercise.

• Daughters, married and unmarried, now have a legal claim to their father and mother's assets

• In ancestral property, daughters can now become the manager or Karta

• Daughters share the same rights and responsibilities as sons

• Daughters have the same right to be coparceners as their mothers

I also informed her that,

• All property acquired by a woman is considered self-acquired

• Self-acquired property can be sold in any way the owner wants

Hence, as Priyanka’s mother was in favour of her, I told her that her mother being the owner of her self acquired property can transfer the property in her name. Her brothers cannot prevent this from happening. 

She also asked me, ‘

can daughter claim mother's property even if she is married?’ To this

, I also informed her about,

In the case that a mother dies intestate, a married daughter has the same rights in her mother's property as her son; according to the Act of 1956, the married daughter gets the part equally with the son. Because the married daughter is the legal successor of her deceased mother, she is entitled to a share of her mother's property. If her mother died intestate, her mother's stake in the ancestral property would become her mother's self-acquired property; her legal heirs would be entitled to a share as a right.

Now I am happy that Priyanka challenged her brother’s in the court of law. I would like to conclude my answer about the daughter right in mother property. However, I would also like to recommend all the daughters out there consult a legal practitioner and get a perfect solution if they face any of such issues. I hope this helps:)

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