Women’s right to property: Know what the law says

livemint.com:

Hindus: The Hindu law accepts ‘right by birth’, which gives a woman rights in her parents’ property by birth. This includes both HUF property and assets bought by her parents with their own incomes. Muslims: The Muslim Law does not accept ‘right by birth’, says Vishnu Chundi, founder and CEO, AasaanWill.

Hindus: Daughters are class I heirs, which gives them an equal right over the parents property if the latter die without defining distribution of their assets and properties through a will. “All class 1 legal heirs inherit the property in equal measure," said Chugh. Muslims: Female heirs get half of the share of properties that the male heirs get.

For instance, in a family that has one son and a daughter and six assets to be devolved, the former will get four assets and the latter gets two. “The justification available to this distinction under Muslim law is that the female shall upon marriage receive mehr and maintenance from her husband, whereas men will only inherit the property of ancestors. Also, men have the duty of maintaining their wife and children," said Chundi.

Hindus: A Hindu woman, as a daughter, in accordance with section 6 of Hindu Succession Law, has the right to her father’s property, and so can raise a dispute. Moreover, the Hindu law doesn’t forbid anyone from a legal suit regarding will dispute. But, realistically, a will can be challenged on limited grounds as it is sacrosanct.

Chundi said in case of the devolvement of HUF property, there are high chances for a daughter to win the case. Chugh agreed and said as there are certain limitations that apply where rights of other members of the joint hindu family and coparceners are also to be respected and balanced. Muslims: As per the Muslim law, a person