A daughter may have an equal right with her brother in one situation, but not necessarily in another. The biggest question often arises when a person dies without leaving a will. In such cases, known as intestate succession, the applicable law determines who inherits and in what proportion.
The Hindu Succession Act, 1956, governs succession among Hindus and also applies to Buddhists, Jains and Sikhs, subject to its provisions.
If a Hindu father dies intestate leaving behind his wife, son and daughter and the property is his self-acquired property, all children and the widow are Class I heirs.
Advocate Rupali Jain explains why the calculation can be very different for coparcenary property.
If the Rs 1 crore is Mitakshara coparcenary property, the father's notional share is first calculated.
" The example highlights an important point: a daughter is not automatically entitled to "half" the property simply because she is a daughter.
Another common misconception is that every property owned by a parent is ancestral property in which children have a birthright.
Islamic inheritance rules identify different categories of heirs and prescribe shares depending on which relatives survive the deceased. A widow's share also depends on whether the deceased leaves descendants. Muslim testamentary succession is also different.
For example, if a Christian man dies leaving a wife, one son and one daughter and an estate worth Rs 90 lakh, each would ordinarily receive Rs 30 lakh.
Unlike Hindu law, Christian succession has no equivalent concept of coparcenary rights by birth.
Parsi women: Daughter does not lose out to sonParsi intestate succession is governed by special provisions in Part V of the Indian Succession Act.
What happens when there is no willWhen a person dies without a valid will, the property does not automatically go to the eldest son or the closest male relative. For Hindus, the Hindu Succession Act lays down a hierarchy of heirs. This is why there is no single formula for a woman's inheritance in India.
What if there is a will — but the daughter gets nothing“For self-acquired property, a Hindu father can generally leave the entire property to his son and exclude his daughter through a valid Will.



