New Delhi: Many mothers lose their rightful share in property and wealth because of sheer ignorance about succession laws for women. So, as you celebrate Mother's Day with flowers and gifts, make sure to inform her about her inheritance and legal rights.
Succession rights
As with men, women's inheritance rights are governed by succession and personal laws if the deceased does not leave a will.
As per the Hindu Succession Act, 1956 (for Hindus, Buddhists, Jains and Sikhs), the mother is classified as a Class I heir. "This means that if a Hindu son dies intestate (without leaving a will), the mother is entitled to an equal share in his estate alongside the other surviving Class I heirs, if any," said Raj Lakhotia, managing partner at professional services firm LABH & Associates. If an unmarried Hindu woman dies intestate, her mother is entitled to a share in her estate.
"Among Muslims, as per Sharia Law (subject to Sunni and Shia variations), mother is a primary heir and is entitled to a fixed share. If the deceased son has children (or grandchildren), she gets one-sixth share of the property, and if he has no kids (or grandkids), the mother's share increases to one-third of the estate," said Neha Pathak, head of Trust & Estate Planning at Motilal Oswal Private Wealth.
A Christian mother's right to inheritance is governed by the Indian Succession Act, 1925.
"If the deceased is survived by a spouse and children, the entire estate is divided among them. The mother does not automatically receive a share," said Sneha Makhija, head of Wealth Planning at Sanctum Wealth.
If there are no surviving spouse or kids, the mother can inherit a large portion of the estate.
Among Parsis, the mother is entitled to a share of the estate under Section 51 of the Indian Succession Act, 1925. "If the deceased leaves a spouse and children, each parent receives a share equal to half of each child. In the absence of a spouse or kids, the parents, individually or jointly, inherit the entire estate," said Lakhotia.
Devolution of property
A woman's property is passed on to her heirs depending on whether she has made a will or not. If she has made a will, her property, whether self-acquired or inherited, will be distributed according to the terms of the will. She can bequeath it to anyone she chooses, including individuals outside the family.
If she hasn't made a will, intestate succession laws apply, and these vary based on her religion. For Hindus, it is governed by the Hindu Succession Act, 1956, wherein the estate is passed on to the legal heirs in order of preference, with the first being husband, children and children of predeceased children. Then comes the legal heirs of her husband; followed by her mother and father, then the legal heirs of her father and, finally, the legal heirs of her mother. "The Act also ensures that daughters have the same rights of inheritance as sons, regardless of their marital status," said Rajat Dutta, founder & initiator at Inheritance Needs Services.
For Muslims, the devolution is governed by the Muslim Personal Law (Shariat) Application Act, 1937, wherein legal heirs are divided into sharers and residuaries. While sharers get the first share, residuaries get the remaining portion. If she inherits property from a relative, be it husband, son or parent, she is the absolute owner and can dispose of at will. If she makes a will, she can't give away more than one-third of the property, and if the husband is the only heir, she can give two-thirds of her share.
Succession rights
As with men, women's inheritance rights are governed by succession and personal laws if the deceased does not leave a will.
As per the Hindu Succession Act, 1956 (for Hindus, Buddhists, Jains and Sikhs), the mother is classified as a Class I heir. "This means that if a Hindu son dies intestate (without leaving a will), the mother is entitled to an equal share in his estate alongside the other surviving Class I heirs, if any," said Raj Lakhotia, managing partner at professional services firm LABH & Associates. If an unmarried Hindu woman dies intestate, her mother is entitled to a share in her estate.
"Among Muslims, as per Sharia Law (subject to Sunni and Shia variations), mother is a primary heir and is entitled to a fixed share. If the deceased son has children (or grandchildren), she gets one-sixth share of the property, and if he has no kids (or grandkids), the mother's share increases to one-third of the estate," said Neha Pathak, head of Trust & Estate Planning at Motilal Oswal Private Wealth.
A Christian mother's right to inheritance is governed by the Indian Succession Act, 1925.
"If the deceased is survived by a spouse and children, the entire estate is divided among them. The mother does not automatically receive a share," said Sneha Makhija, head of Wealth Planning at Sanctum Wealth.
If there are no surviving spouse or kids, the mother can inherit a large portion of the estate.
Among Parsis, the mother is entitled to a share of the estate under Section 51 of the Indian Succession Act, 1925. "If the deceased leaves a spouse and children, each parent receives a share equal to half of each child. In the absence of a spouse or kids, the parents, individually or jointly, inherit the entire estate," said Lakhotia.
Devolution of property
A woman's property is passed on to her heirs depending on whether she has made a will or not. If she has made a will, her property, whether self-acquired or inherited, will be distributed according to the terms of the will. She can bequeath it to anyone she chooses, including individuals outside the family.
If she hasn't made a will, intestate succession laws apply, and these vary based on her religion. For Hindus, it is governed by the Hindu Succession Act, 1956, wherein the estate is passed on to the legal heirs in order of preference, with the first being husband, children and children of predeceased children. Then comes the legal heirs of her husband; followed by her mother and father, then the legal heirs of her father and, finally, the legal heirs of her mother. "The Act also ensures that daughters have the same rights of inheritance as sons, regardless of their marital status," said Rajat Dutta, founder & initiator at Inheritance Needs Services.
For Muslims, the devolution is governed by the Muslim Personal Law (Shariat) Application Act, 1937, wherein legal heirs are divided into sharers and residuaries. While sharers get the first share, residuaries get the remaining portion. If she inherits property from a relative, be it husband, son or parent, she is the absolute owner and can dispose of at will. If she makes a will, she can't give away more than one-third of the property, and if the husband is the only heir, she can give two-thirds of her share.
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