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Q.

What are the Property Rights of an Unmarried Woman?

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What I have understood in these past years of being a lawyer is that the alarmingly high number of pending legal proceedings in India is due to the extremely complex laws governing property inheritance. Additionally, this is the root cause of a great deal of scepticism regarding individual property rights, particularly those of women. That is why I will try to help you understand unmarried women's property rights in India in a very simple and clear way.

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Unmarried women's property rights of Hindu, Sikh, Jain, and Buddhist women 

  • An unmarried woman can only claim her share of her parents' self-acquired property after her parents die without writing a will. The Women's property act prohibits the unmarried daughter from contesting a will in which she leaves her own self-acquired property to another person unless she has specific legal grounds to do so. The parents are free to give anyone they want their share of the ancestral property in their will. 

  • A married daughter has no right to shelter in her parents' house or to pay her husband's maintenance. In contrast, if a mother is deserted, divorced, or widowed, a married daughter has the right to residency.

  • As long as a woman reaches the age of majority, a women's property act grants her full ownership rights to any property she has earned, been granted, or been willed. These can be sold, given as a gift, or included in her will if she so chooses.

What are the property rights of an unmarried woman under Muslim law? 

The Muslim Personal Law (Shariat) Application Act of 1937 says that an unmarried daughter can only get half of a son's inheritance. To put it another way, men own twice as much property as women do. In contrast to Hindu law, the parents of an unmarried Muslim woman can only legally leave one-third of their real estate to her through a will.

What are the property rights of an unmarried woman under Christian Law?

The Indian Succession Act's Sections 31–49 (Christian) and 50–56 (Parsis) govern the succession of unmarried Christian and Parsi women's property rights under Christian law.

An unmarried Christian woman inherits the same proportion of her parents' assets as her brother, as stipulated by the Women's Property Act. If the father dies without leaving a will, his widow receives one-third of his estate, and his son and daughter receive the remaining two-thirds. The property rights of an unmarried Parsi woman are the same.

I hope this helps you understand unmarried women's property rights in India.

Read More: Can grandson claim rights on grandfather's property What is married granddaughter's rights on grandfather's property? What are the Widow's Rights in Father Law Property? 
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