After changes were made in the Hindu Succession Act in 2005, daughters in India have been given equal rights in ancestral property of their parents along with the sons. With the amendment, daughters were given coparcenary rights, that is, a legal right in the ancestral property of their parents. In that sense, a daughter, irrespective of her marital status, has the right to ask for property partition and claim her share. This legal position forms the genesis of a paternal aunt’s (known as Bua in Hindi and Fufi in Urdu) right to property under Hindu law.
What is ancestral property?
Defined under the Hindu Succession Act, 1956, ancestral property is an undivided property held by four generations of a Hindu family. According to Hindu law, a person’s right to an ancestral property is generated by birth. This definition prescribed under the Hindu law applies only to Hindus, Sikhs, Jains and Buddhists and does not apply to Muslims, Christians and Parsis.
In which scenario can a paternal aunt claim her right to ancestral property?
Since the daughter and son of a property owner have equal share in his ancestral property, the daughter can lay a claim on the property till it is divided among all legal heirs. This means that the son or his children cannot contest her claim for property ownership as she is one of the Class-1 heirs. Her claim to the property is unaffected by her marital status, says Lucknow-based lawyer, Prabhanshu Mishra.
However, a paternal aunt cannot lay a claim on the self-acquired property of her parents, considering a person is the absolute owner of the self-acquired property and is free to transfer it to anyone they wish. However, if the parents die without leaving a Will, the property will be divided among the legal heirs according to the provisions of the Hindu Succession Act, establishing her share in the property equal to her brothers.
List of Class-1 heirs under the Hindu Succession Act
- Son
- Daughter
- Widow
- Mother
- Widow, son and daughter of a predeceased son
- Son and daughter of a predeceased daughter
- Widow, son and daughter of predeceased son of a predeceased son
List of Class-2 heirs under the Hindu Succession Act
- Father
- Son’s daughter’s son and daughter
- Brother
- Sister
- Daughter’s son’s son and daughter
- Daughter’s daughter’s son and daughter
- Brother’s son and daughter
- Sister’s son and daughter
- Father’s father, mother, widow, brother and sister
- Brother’s widow
- Mother’s father, mother, brother and sister
What will be the share of a paternal aunt in her father’s property?
According to the Supreme Court judgment, in a father’s ancestral property, a daughter gets an equal right along with her brothers. However, this does not mean the property will be equally divided between a brother and a sister. Since inheritance laws confer property rights on other legal heirs of the deceased, the division of the property will be based on the share of each heir according to the applicable inheritance laws. A married daughter having an equal share in her father’s property means that she will get the same claim as her brother.
What happens to a paternal aunt’s property after her demise in case she has no children?
“If a female Hindu dies intestate without leaving any issue, the property inherited by her from her father or mother would go to the heirs of her father, whereas the property inherited from her husband or father-in-law would go to the heirs of the husband,” the SC observed while delivering its verdict in the S Abdul Nazeer and Krishna Murari, JJ case.
Would a paternal aunt get a share a share in a property if the owner leaves a Will barring her from inheritance?
In the case of ancestral properties, joint heirs do not have the right to dismiss the right of a female heir by way of a Will. However, a father can bar his daughter from having a share in his property through a Will if it is his self-acquired property. If the owner gives the whole property to his sons, the bua will not be able to stake a claim in the property.
Conclusion
Rules of property division are complex and are determined based on a variety of dynamic factors. The same is true of property rights of women in India. Since the religious belief of a person plays a role in their property rights, one must consult the applicable property rights of specific religions. For instance, while the property rights of Hindu, Sikh, Jain and Buddhist women are regulated under the Hindu Succession Act, the property rights of Muslim women are codified under the Shariah law. Property rights of Christian women are governed under the Indian Succession Act, 1925.
FAQs
Rules of succession among Hindus are regulated under which law?
The law relating to intestate succession among Hindus is codified under the Hindu Succession Act, 1956.
What is an ancestral property?
An ancestral property is an undivided property in which four generations of a single family have a share. Once divided among the stakeholders, an ancestral property would stop being an ancestral property and turn into a self-acquired property.
What is self-acquired property?
Self-acquired property is that which is bought using your own funds.
What are the different types of ancestral property?
Different types of ancestral property include property inherited from a paternal ancestor, property inherited from a maternal grandfather, property inherited from collaterals or females, share allotted on partition, property obtained by gift or will from a paternal ancestor and accretions.
Is a bua entitled to a share in her father’s ancestral property?
Yes, a bua is entitled to a share in her father’s ancestral property.
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