Will a daughter who has settled abroad be entitled to a share in her father’s agricultural land in India? Find out what the rules say..

In many families, a son or daughter may settle abroad and acquire citizenship of another country. A question arises: in such a case, is a daughter entitled to a share in her father’s land in India? Moneycontrol posed this question to Balwant Jain, a prominent Mumbai-based tax expert and Chartered Accountant (CA).

Provisions of the Hindu Succession Act, 1956

Jain explained that, first and foremost, it is important to understand that a daughter’s right to a share in her father’s property is derived from the Hindu Succession Act, 1956. If a father has executed a will before his passing, his property will be distributed according to the terms specified in that will. If, however, a father passes away without leaving a will, Section 8 of the Hindu Succession Act, 1956, will apply to his estate.

The 2005 Law Regarding a Daughter’s Property Rights

While the Hindu Succession Act, 1956, has been in effect for a long time, a daughter’s right to a share in the property of a Hindu Undivided Family (HUF) was established in September 2005. Under Section 8 of the Hindu Succession Act, if a Hindu individual dies intestate (without a will), their property is divided equally among their Class I heirs—a provision that takes effect immediately upon the individual's death. Since a daughter is classified as a Class I heir, she is entitled to an equal share in the property, just as a son would be. The fact that a daughter may be a non-resident or a citizen of another country does not affect her rights to her father’s property.

FEMA Provisions for Non-Residents

Another legal framework relevant to the property rights of non-residents is the Foreign Exchange Management Act (FEMA). Under FEMA, an NRI (Non-Resident Indian) or an OCI (Overseas Citizen of India) is not permitted to purchase agricultural land, farmhouses, or plantation properties in India. However, under FEMA, one may acquire immovable property—including agricultural land—from an Indian citizen through inheritance.

States may enact laws regarding agricultural land.

A third category of law that applies to inheritance rights concerning agricultural land consists of state-level legislation. Since agriculture is a 'state subject,' individual states have the authority to enact laws pertaining to agricultural land, which includes matters of succession. In the context of inheritance rights for agricultural land, such state laws take precedence over the Hindu Succession Act, 1956. While the Hindu Succession Act grants daughters the same rights as sons regarding general property, specific state-level agricultural tenancy legislation may establish different rules for succession.

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