Inherittance Rights of women in Indian Scriptures & Indian Law!
A Woman devotee (Name hidden) asked like this:
The long history of her family events were editted and the last 5 questions alone were taken:
“My Question is What Karma do Children get if they neglect Parents? In this case they ignored Grand Parents and got property of crores. What Share Should a Daughter(My Mother) should share/accept from Parents Property as per scriptures? I would like to know what Shastras suggest regarding Property Sharing of Parents between son and daughters? Should Daughter leave her share or fight for share legally?If a person takes control of property without sharing what happens? Please do not post my name as part of Privacy.”
REPLY:
Inherittance Rights of women in Indian Law
Let us first see what Indian law states:
Hindu Succession (Amendment) Act of 2005 says:
“The daughters have equal rights to property as sons in India. This includes ancestral property and self-acquired property.”
Daughters have the same/equal right to their father’s property as sons, regardless of their marital status.
(Should women wear Thali, Sindhoor, metti to show marital status? READ HERE!)
We should see this as two cases:
ANCESTORAL / INHERITTED PROPERTY:
Automatically the sons and daughters have equal rights in acquiring the ancestoral properties of parents.
The parents can’t refuse any ancestoral property to any of his daughters.
If a father dies without a will, his daughter becomes the sole heir to his property.
And, in the case of ancestoral property, the parent can’t write any will that will refuse any property to the daughter.
SELF EARNED PROPERTIES OF FATHER / PARENTS:
However, in the case of the properties earned by the parents in their lifetime, the parent has right to give the self earned properties to the children of his choice.
If a will specifically gives the property to male relatives instead of the daughter, she won’t be able to claim any share.
This is as per the Indian Law.
Inherittance Rights of women in Indian Scriptures
However, the Scriptures do not specify any right to own the properties of parents by the daughters easily.
Krishna Yajur Veda 3.1. 9:
“Manu divided his property among his sons. A daughter can inherit property only if she has no brother that too only if her father makes her the Appointed Daughter. If the daughter begets a Son then the son becomes the legal heir and is adopted by his maternal grandfather.”
Thus, only if there are no sons for father, a daughter was given all the properties of the father.
Why they did so?
Even now, only the male children continue the generations. Daughters get married to a boy and become a member of husband’s family and her husband gets legal right to inherit the properties of husband’s parents. So, the daughters were not added in property rights.
(Why the scriptures control the women when the men are freely living? READ HERE!)
In older traditions, the son of a father has legal rights to own the properties of father, but the daughters should be generously gifted by the family.
That is why, the daughters are given rich gifts when they are married.
In those days, the male children happily gifted the family belongings to their women members (daughters & sisters) when they get married and even after marriage during every important function.
Nowadays, the brothers and sisters fight for the parental properties in the courts.
So, the tradition in India was, the sons own and the daughters were gifted happily by sons and parents.
However, when that daughter begets a son, that grandson had legal right in the properties of his grandfather.
Rig Veda 3.31.1 says:
”The grandson shall be the legal heir of his grandfather’s property”
This has been confirmed in Srimad Bhagavatham also (10.57.37):
“Since Satrajit had no sons, his daughter’s sons should receive his inheritance. They should pay for memorial offerings of waler and pinda, clear their grandfather’s outstanding debts and keep the remainder of the inheritance for themselves.”
Srila Prabhupada gives more such examples in his Purport:
Srila Visvanatha Cakravarti adds that since Satrajit had no sons, since his wives were killed together with him, and since his daughter Satyabhamā was not interested in the Syamantaka jewel, which constituted the inheritance, it rightfully belonged to her sons.
(Why many women married twice or more in the Scriptures? READ HERE!)
In Krsna, the Supreme Personality of Godhead, Srila Prabhupada explains:
“Lord Krsna indicated by this statement that Satyabhama was already pregnant and that her son would be the real claimant of the jewel and would certainly take the jewel from Akrura.”
Thus, Women had rights in the properties of their father only if they had no brothers. If their father had sons, only those sons had rights in the properties and the daughters were given liberal gifts.
Moreover, when she begets a male child, she loses that right also and then the properties go to her son(s).
NOW, YOUR QUESTIONS:
(1) What Karma do Children get if they neglect Parents?
This is a severe karma that will give hellish life and they will be neglected by their sons in their next birth.
(2) In this case they ignored Grand Parents and got property of crores.
Still those sons are eligible for the properties. However, if the properties were earned by their father and that father had written a will denying inheritance to them, they need not be given those propertries. But, if those properties were coming thru inheritance, the sons have natural rights to inherit them irrespective fo their character. As per the Vedic texts, the daughters need not be given the share of properties and they shoul;d accept only if those brothers give voluntarily as gift. However, As per current Indian law, they are obliged to give equal share to their sisters.
(Why the women are not recommended to take Sanyasa? READ HERE!)
(3) What Share Should a Daughter(My Mother) should share/accept from Parents Property as per scriptures?
Nil, but gifts only. Burt, her future son can get the inherittance of grandfather. Explained above. Read.
(4) I would like to know what Shastras suggest regarding Property Sharing of Parents between son and daughters?
Follow the current law that is more favourable than Scriptures for women. Current Indian Hindu law gives equal inherittances for both sons and daughter. So, she can legaly fight and get. If you consult the scriptures, you should not fight. So, choose one path.
(5) Should Daughter leave her share or fight for share legally? If a person takes control of property without sharing what happens?
As per Scriptures, the girl can file case thru her son to get his share from grandpa’s properties.
As per Indian law, no need for even cases. The sons are legally bound to share the properties to sisters equally among themselves.
Hope you are clear about the Inherittance Rights of women in Indian Scriptures & Indian Law!
(DIVORCE AND REMARRIAGE FOR MEN AND WOMEN & VERDICT OF INDIAN SCRIPTURES! READ HERE!)