Inheritance rights for women differ in India depending on which personal law governs them, with different provisions of inheritance applicable for them depending on their religion. Thus, it is important to understand these nuances for an individual to ensure fair claims to familial assets.
What Is Hindu Succession Act, 1956?
The Parliament of India passed the Hindu Succession Act in 1956. It is a code of inheritance and succession of property for Hindus, and also governs Buddhists, Sikhs and Jains. It was meant to simplify the various norms and traditions that conventionally governed the inheritance of property in India before this Act came into being. The Hindu Succession Act, 1956 was amended in 2005 to grant women full equal right of property ownership.
Says Sonam Chandwani, managing partner, KS Legal & Associates, a law firm: “India follows a complex legal framework for inheritance based on religion, with different laws governing Hindus, Buddhists, Jains, Sikhs, Muslims, and Christians. While there have been significant reforms promoting gender equality, discrepancies still exist, especially in personal laws. Hindu, Buddhist, Jain, and Sikh women are governed by the Hindu Succession Act, 1956, which was amended in 2005 to provide equal rights to daughters.”
What Is Class 1 Heir?
A class 1 heir is usually the beneficiary who has the first right to a deceased person’s property. This is as per the Hindu Succession Act, 1956, which manages inheritance rights for Hindus in India. Class 1 heir includes son, daughter, mother, widow, son of pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter and widow of a pre-deceased son.
Aankhi Ghosh, advocate at the Supreme Court of India and the Bombay High Court, says: "In the absence of any Class I heirs, Class II heirs become relevant, and again claim an equal share of the deceased’s estate inter se. In the absence of both Class I and Class II heirs, ancillary relationships classified as agnates( related to the deceased by blood/adoption wholly through males) and cognates( related to the deceased by blood/adoption through females) enter into the picture."
“The Class I legal heirs provision prioritises Class I heirs, including sons, daughters, widows, and mothers, who inherit simultaneously,” says Sneha Prabhu, Counsel, Bombay High Court.
According to Hindu law, a wife is identified as a class I heir, granting the wife an equal share in her deceased husband’s property alongside his children and mother. The wife can retain exclusive ownership of streedhan, including through earnings, inheritance, or gifts during marriage with complete rights to manage or dispose of them.
Inheritance Based On Muslim Inheritance Laws
The inheritance share of a Muslim woman depends on her parental status. In case the woman is childless, she will get one-fourth of her husband’s estate. This lowers to one-eighth if they have children. After divorce, the wife’s maintenance is the responsibility of her parental family after the iddat period (approximately three months).
Chandwani says: “Muslim inheritance is based on Sharia, and is governed by the Muslim Personal Law Shariat Application Act, 1937, and follows fixed shares as per the Quran. A Muslim widow’s share depends on whether she has children. If there are children, she gets one-eighth of the estate, and if there are no children, she gets one-fourth. A daughter always inherits, but gets half the share of a son.”
Speaking on how it differs from Hindu law, she says: “However, she has full control over her property, unlike in Hindu law, where ancestral property can have collective claims. A granddaughter does not automatically inherit unless her father, the son of the deceased, has already passed away. The mother of the deceased gets one-sixth of the property if the deceased has children and one-third if there are no children.”
Inheritance Law For Christians
For Christians, the Indian Succession Act, 1925, governs inheritance, granting the widow one-third of the estate, with the remainder distributed equally among children, ensuring daughters and sons inherit on equal footing, says Prabhu.
Parsi women, including daughters and widows, inherit equally as well, adds Prabhu.
Daughters’ Entitlements
The Hindu Succession Act (2005) gave daughters equal rights to their father’s property, including ancestral and self-acquired assets, putting the daughters at par with sons in terms of inheritance.
This is supposed to be a landmark amendment that ensures daughters remain coparceners in joint family property, even after marriage.
According to Muslim law, sons receive twice the share of daughters. If in case a father has no sons, a daughter receives half his estate, while multiple daughters collectively inherit two-thirds of the property.
While the 2005 amendment to Hindu law was seen as a step towards progress, it still had some lingering ambiguities and cultural resistance to women’s rights.
Ghosh says,: "The Indian Succession Act applies to intestate succession among Christians, Parsis and Jews but not Muslims. Whether the Act could be invoked by a non believer Muslim, is currently being considered by the Hon’ble Supreme Court of India, in a possible move broadly in the direction of a Uniform Civil code. The provisions for distribution of the assets of the deceased are not the same across religions covered by the Indian Succession Act. Various portions of the Act pertain to various religions, again by providing classes of heirs with primary, secondary and tertiary rights."
Chandwani says: “The 2005 amendment to the Hindu Succession Act, 1956 was a game-changer, giving daughters equal rights. However, coparcenary joint family property still creates ambiguity, and women are often pressurised to give up their rights in favour of male relatives. The provision allowing daughters to be karta of Hindu joint families is rarely implemented. Muslim inheritance shares are fixed by the Quran, making them non-negotiable. The argument in favour of this system is that women receive mehr, dower, and maintenance, reducing their financial dependence. However, the restriction that daughters get only half of what sons inherit remains a serious gender disparity that has been debated in various legal reforms. Christian law is equal on paper but practically still sees disputes due to cultural biases.”
Mothers’ Claims
According to Hindu law, a mother is categorised as a Class I heir, making her eligible to an equal portion of her deceased son’s property along with other legal heirs. This includes surviving spouse or grandchildren as well. This law ensures mothers are not excluded from inheritance, even if other heirs exist.
“A mother is considered a Class I heir in Hindu law, meaning she has an equal share in her deceased son’s property along with his widow and children. In Islamic law, a mother inherits one-sixth of her son’s estate if he has children and one-third if he has no children. Under Christian and Parsi laws, a mother inherits equally with the deceased’s siblings if there is no surviving spouse or children,” adds Chandwani.
