Division Of Property Among Daughters and Daughters-In-Law

Manoj Nath, a retired government official, who had some self-acquired property in Karnataka, died in 2002 without leaving a will. His wife, Asha Nath passed away in 2014. She, too, did not leave behind a will. Their son, Ajay had passed away in 2007 in an accident. 

They are survived by Ajay’s wife, Reena and two grand-daughters and also by their own daughter, Avani who is now separated from her husband. Now, the relatives are looking for an out-of-court settlement of the property. A close relative of the deceased says that the daughter-in-law should get a larger share of the property as she is not employed and has two dependent children. What does the law says about property division when there are only female dependents?

Rajagopalan Sripathi, an advocate from Hyderabad, in a similar case said, “In the absence of a will, first the properties of the deceased would devolve in the name of your mother and his children (Ajay and Avani) . All three of them would have got one-third share in Manoj Nath’s property. Upon the death of the mother, her share (one-third of what she got from her husband) will vest in equal shares to her pre-deceased son's children (1 share) and daughter's children (1 share) . The above distribution is based on what the Hindu Succession Act, which does not consider whether the beneficiaries are working/ well positioned, etc., it goes by number of persons in the family tree.” 

Mumbai-based advocate, Ajay Sethi says, “On the demise of parents, the son and daughter are the legal heirs. On the demise of his son, 50 per cent of his share would devolve on his wife and two children. There is no question of the daughter in law getting a larger share of the property. The daughter will also inherit 50 per cent share as a Class-I legal heir.”

If it is amicably settled that a larger portion should be given to the daughter-in-law, the daughter (Avani) must gift a part of her share to Reena. 

What happens if it is a HUF property?

In Nath’s case, it was a self-acquired property. In case of property rights as it works in a Hindu Undivided Family (HUF) , if Manoj Nath had a brother or brothers, his share would be divided among all and would be further sub-divided among his dependents. 

Also read: Legally Speaking: Daughter-In-Law Cannot Claim Rights Over In-Laws' Self- Acquired Property