Laws regulating property inheritance are highly complex in India – a reason for the alarmingly high number of pending court cases. This is also the reason for a great deal of confusion concerning the property rights of individuals, especially women. It is important to understand the basis of the property rights of unmarried women in India.
Property rights of an unmarried woman: Applicable laws based on religious faith
| Hindu, Jain, Buddhist and Sikh | Hindu Succession Act |
| Muslim | Muslim Personal Law (Shariat) Application Act, 1937 |
| Christian | Indian Succession Act |
| Parsi | Indian Succession Act |
Property rights of women in India – married or unmarried – are governed by the laws applicable to their respective religious faiths. While provisions of the Hindu Succession Act apply to unmarried Hindu, Jain, Sikh and Buddhist women, the Indian Succession Act applies to unmarried Christian and Parsi women. Unmarried Muslim women can claim their rights under the Muslim Personal Law (Shariat) Application Act of 1937.
Property rights of unmarried Hindu/Sikh/Jain/Buddhist women
An amendment to the Hindu Succession Act on September 9, 2005, brought daughters on par with sons. Hence, an unmarried woman enjoys coparcenary rights – a legal right in the ancestral property of her parents. An unmarried woman has the right to ask for property partition and claim her shares.
It, however, begs a mention here that this is only applicable in the case of ancestral property. In parents’ self-acquired property, an unmarried woman can claim her share only after their demise and only if the parents have not left a will. In the case of a will, giving their self-acquired property to someone else, the unmarried daughter cannot challenge the will except on certain legal grounds. The parents are free to leave their share in the ancestral property to anyone they want through a will. Rules of the Hindu Succession Act would apply only if there is no will.
Property right of unmarried Muslim women
Under the Muslim Personal Law (Shariat) Application Act, 1937, an unmarried daughter will receive half of the share of a son. In other words, the property share of men is double the share of women. A simple way to understand this would be: suppose a couple, with one son and one daughter, has three properties of the same value, equal on all parameters. In case of their demise, the son would inherit two out of the three properties.
See also: What is a Muslim woman’s right to property?
Unlike Hindu law, the parents of an unmarried Muslim woman are not legally allowed to confer their entire property through a will, restricting it to only one-third of the property.
Property right of unmarried Christian/Parsi women
The succession of unmarried Christian and Parsi women is governed under Sections 31 to 49 (Christian) and Sections 50 to 56 (Parsis) of the Indian Succession Act.
Under the provisions, an unmarried Christian woman inherits an equal share of her parent’s property as the brother. In case the father dies without leaving a will, one-third of the property would go to the widow while the remaining two-thirds go to his children, son and daughter. The same is true in the case of an unmarried Parsi woman.
Unmarried adult daughter can’t claim maintenance from father under Section 125 of CRPC: HC
An adult daughter unmarried can’t seek maintenance from her father Section 125 of the Code of Criminal Procedure on the ground that she does not have means to support herself, the Kerala High Court has said. The HC said that an unmarried daughter unable to maintain herself because of physical, mental abnormality or injury is entitled to seek maintenance from her father under Section 125 of the Code of Criminal Procedure. To make this claim, she is liable to produce evidence of the same, the HC added in its order dated January 26, 2023.
“By virtue of Section 125 (1) of CRPC, unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, viz. merely on the ground that she does not have means for her sustenance. At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, or which, pleadings and evidence in this regard are mandatory,” the HC ruled.
Property rights of women in a live-in relationship
Even though the law in India acknowledges live-in relationship and guarantees them certain rights, women in such a relationship are not entitled to the properties owned by her partner. This is because live-in partners don’t fall within the ambit of Class-1 or Class-2 heirs under the Hindu Succession Act.
FAQs
Who inherits the property of an unmarried woman?
An unmarried woman can give away her property to anyone through a will. However, if she dies intestate, her property will belong to her parents. In the absence of parents, the heirs of the father would claim the property. In the absence of these claimants, her property would go to the heirs of her mother.
Can an unmarried woman be the karta of a HUF?
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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