I am a married woman and my mother, who was a working woman, accumulated multiple assets through her own income. However, neither my father nor my brother seem willing to involve me in the distribution of my mother’s assets. In this situation where my mother did not leave a legally valid will, what rights do I have regarding her self-acquired assets?
—Name withheld on request
As per your query we assume that your mother is a Hindu. Further, we assume that there is no right or interest of any other person in the property and that the same were held only by her. We further understand that her properties are self-earned and self- created.
In case a female dies intestate (without a will), her assets are governed by general rules of succession in case of female Hindus as mentioned in Hindu Succession Act, 1956 (HSA). The relevant portion of the provision is enumerated below for your reference:
“Section 15. (1): The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,
(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband ; (c) thirdly, upon the mother and father ; (d) fourthly, upon the heirs of the father; and (c) lastly, upon the heirs of the mother. …..”
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“Section 16: The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs rule. 1—Among the heirs specified in sub-section (I) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously…”
To simplify the above, the Act states that if a female Hindu dies intestate, her property shall devolve firstly upon her children (sons, daughters (including the children of any pre-deceased son or daughter)) and her husband. This division is meant to be equal in nature between the husband and children. Thus, a daughter has equal rights to a deceased mother’s property.
The Act also makes no distinction between married or unmarried daughters. Thus, she gets equal rights in the self-acquired property of her mother along with her brother (or other siblings) and father.
So, you can stake claim on the same in the same proportions as your brother and father.
Neha Pathak is head of Trust & Estate Planning, Motilal Oswal Private Wealth.
Updated: 27 Jun 2023, 10:50 PM IST