Legal Rights of Sons and Daughters on Parents’ Property in India

Introduction: Property Inheritance in Indian Families

Inheritance is one of the most sensitive and contested legal topics in India. Whether it’s the ancestral home, self-acquired house, or urban property, questions like “Who gets the property of a mother or father?” and “Can daughters claim a share after years?” are common.

Indian law has changed a lot, especially after amendments to the Hindu Succession Act and recent Supreme Court judgements. Today, both sons and daughters have strong and equal legal rights in the property of their parents—mother or father—regardless of whether the property is ancestral or self-acquired. This blog explains all the rules in simple terms and tells you exactly what the law says about son and daughter rights in parents’ property in 2025.

• Who inherits mother’s or father’s property?
• What if the parent dies without a will?
• Can a daughter claim property after many years?
• How to claim your share step by step?

Read on for the latest legal position, sample cases, and what you should do if your rights are being denied.

Son Rights on Mother Property

The question “What are the son rights on mother property in India?” is often raised after the death of a mother, especially if there is property involved. Here’s what the law says:

• If a Hindu mother dies intestate (without a will), her property is distributed as per Section 15 of the Hindu Succession Act, 1956.
• Her children—both sons and daughters—are “Class I heirs.” This means they inherit equally, regardless of gender.
• If the mother made a will, the property will go as per her wishes to anyone she names (son, daughter, husband, even someone outside the family).

The son has an equal right—no more, no less—than the daughter in the mother’s property. If there are two children, the property is split 50-50, unless the mother willed otherwise.

If a son is denied his share, he can file a suit for partition and claim his legal right. The law protects sons equally in mother’s property—whether it’s a house, land, jewelry, or money in the bank.

Important: If the mother’s property was inherited from her husband or father-in-law, and she dies without a will, it first goes to her children and husband, not her parents. But if she inherited property from her parents and dies without children, it goes to her brothers/sisters.

Mother Property Rights to Daughter

For decades, daughters were denied rights in parental property. But after amendments and strong Supreme Court rulings, daughters now have equal rights as sons—in both father and mother property.

• If a Hindu mother dies without a will, her property is divided equally among all children—sons and daughters.
• Daughters can claim their share, even if married, living away, or previously excluded by family custom.
• A daughter can file a partition suit and ask the court to divide or sell the property for her share.

Supreme Court in the 2020 Vineeta Sharma case: Daughters cannot be denied rights in ancestral or self-acquired property. The law ensures full equality.

If the mother made a will, only the persons named in the will (son, daughter, husband, others) get the property.

Tip: Always check if a will exists. If not, ask for the legal heir certificate and file for mutation in your name at the local revenue office.

Father Property Belongs to Whom

Who inherits father’s property in India? This is a common legal dilemma in every Indian family, especially after the father passes away. The answer depends on whether the property is:

• Ancestral Property: This is property inherited up to four generations. All coparceners (sons, daughters, grandchildren) get equal rights by birth (after the 2005 Hindu Succession Act amendment).
• Self-Acquired Property: If the father bought/built the property himself, he can will it to anyone. If he dies without a will (intestate), the property is divided among all Class I heirs—wife, son(s), daughter(s), mother (if alive).

Father’s property does not “automatically” belong to the eldest son or only sons. By law, both sons and daughters are equal, and so is the widow (wife).

Latest Law: After the Supreme Court’s 2020 ruling, daughters have equal coparcenary rights in ancestral property and equal rights in self-acquired property if the father dies intestate.

If any family member is denied their share, they can claim it through partition suit in civil court. For detailed legal process, see sections below.

Mother Property Belongs to Whom

Many Indians wonder, “Mother property belongs to whom after her death?” The answer, again, is found in the Hindu Succession Act:

• If there is a will: Property goes as per mother’s written will, to whoever is named.
• No will (intestate): Property is divided equally among her children (son and daughter) and husband, if alive.
• If the mother inherited property from her husband or father-in-law, it will pass to her children and husband.
• If she inherited property from her own parents and leaves no children, it passes to her siblings.

Both son and daughter have equal legal rights, and no family custom or oral tradition can override the law.

Tip: Mutation of property (changing title to new heirs) requires death certificate, legal heir certificate, and an application to the municipal/revenue office. You do not need family “permission”—just your documents and proof.

Can Daughter Claim Father’s Property After 20 Years?

This is one of the most controversial inheritance questions in India: “Can daughter claim father’s property after 20 years?” The answer is: Yes, in many cases, a daughter can legally claim her share even after decades—but there are limitations and exceptions.

• No automatic time bar: There is no fixed “expiry date” on the right to claim inheritance, as property rights are ongoing unless a partition is done and title mutated.
• If property is undivided: If the ancestral/self-acquired property is still in the father’s name or undivided, daughters (and sons) can claim their share at any time.
• Limitations Act: If property has already been divided, sold, or a court decree exists, the time limit to challenge is usually 12 years (for partition suits), but courts sometimes allow delayed claims for valid reasons (lack of awareness, fraud, etc.).
• Supreme Court (Vineeta Sharma v. Rakesh Sharma 2020): Daughters’ rights are by birth, not dependent on when they assert it.

If a daughter discovers her right late (due to being kept in the dark, or family fraud), courts may allow her to file even after 20 years. However, if she knowingly gave up her share, accepted settlement, or signed a registered partition, it may be too late.

Actionable tip: If you believe you were wrongfully excluded, consult a property lawyer. Act fast to avoid legal delays, as “delay” can sometimes weaken your case, even if not strictly time-barred.

Limitations: Time-Barred Claims and Exceptions

While the law is generous, there are legal time limits (“limitation period”) for challenging past property partitions or transfers:

• Partition suit: 12 years from the date when the right is denied (not from the date of parent’s death).
• Will challenge: 3 years from when the will was discovered or read.
• Fraud or suppression: Courts may condone delay if the heir proves they were misled, suppressed, or prevented from claiming their share.
• Mutual settlement: If the daughter/son took money in full and final settlement and signed a registered release deed, further claims may not succeed.

Bottom line: Law favors rightful heirs but not those who “sleep on their rights” for no reason. Still, every situation is unique—get legal advice quickly if you were excluded from property division.

For limitation details, see: Limitation Act, 1963 (Indian Kanoon).

Real-Life Court Cases on Parental Property

Indian courts have given several landmark judgements to clarify who gets a mother or father’s property, and how long children can claim their share. Notable examples:

• Vineeta Sharma v. Rakesh Sharma (2020): Supreme Court confirmed that daughters are coparceners by birth and can claim property even if father died before 2005.
• Danamma v. Amar (2018): Married daughters are entitled to their share in ancestral property—even decades after partition, if the property wasn’t lawfully divided.
• Prakash v. Phulavati (2016): Earlier view limiting daughters’ rights was overturned in 2020, opening doors for old claims.
• Gurupad v. Hirabai (1978): Widows have a share in both husband and son’s property; family settlements must follow succession law.
• Suvani v. State of Rajasthan (2018): A daughter excluded from partition can challenge it decades later if there was fraud or suppression.

Court trend: Law is pro-equality, and technicalities won’t defeat genuine claims. But claimants must act in “reasonable time” if their exclusion is discovered.

For more details: Vineeta Sharma v. Rakesh Sharma (Supreme Court Judgment PDF)

Stepwise Process to Claim Your Share in Parents’ Property

If you’re a son or daughter seeking your legal share in your mother’s or father’s property, here’s a clear roadmap:

Note: Don’t sign any family settlement or relinquishment deed without legal advice. These are binding documents and may bar future claims.

Frequently Asked Questions: Son and Daughter Rights in Parents’ Property

• Q: Can son/daughter claim property if parent made a will?
  A: Only the persons named in the will can claim. If the will is invalid or suspicious, legal challenge is possible.
• Q: Are married daughters entitled to parents’ property?
  A: Yes, marriage does not affect daughter’s right. Both sons and daughters are equal heirs.
• Q: What if mother or father gave property to only one child?
  A: If by registered will or gift, it’s valid. Otherwise, other heirs can contest.
• Q: Can step-children inherit?
  A: Only if legally adopted or named in a will. Otherwise, only biological and legally adopted children have automatic rights.
• Q: What about Muslim, Christian, or other religion inheritance?
  A: Different laws apply. Consult a lawyer for specifics, as Hindu Succession Act is only for Hindus, Sikhs, Buddhists, and Jains.
• Q: If parent remarried, do children from both marriages inherit?
  A: Yes, all legitimate children are equal heirs unless excluded by will.

Get Legal Help for Property Claims

Denied your rightful share in your mother or father’s property? Don’t rely on oral promises or family traditions—know your legal rights. At AdvocateMart.com, our expert property lawyers guide you on:

• Understanding your eligibility and share
• Preparing all legal documents
• Sending strong legal notices for quick resolution
• Filing and winning partition suits in civil court
• Defending against false claims by other heirs

Contact us for a consultation before you sign any document or agree to a “settlement”—one mistake can cost you your entire inheritance.

Conclusion: Protect Your Rights, Secure Your Future

Inheritance law in India is no longer a mystery. Both sons and daughters—married or unmarried—are equal heirs to their mother and father’s property, unless validly excluded by a will or court order. Delay, silence, or family pressure should never rob you of what’s rightfully yours.

If you feel cheated, excluded, or confused about your property rights, take action today. Know the law, assert your claim, and safeguard your family’s legacy with AdvocateMart.com’s expert guidance.