Daughter’s right in father’s property: Despite changes made in the law, even today in India, daughters are not taken into account while dividing property.
Due to lack of awareness, daughters themselves are not able to raise their voice when the time comes. Therefore, it is important that girls also need to be aware of their rights and they should also be aware of all their legal rights related to property.
In present India, there is a clear law regarding how much right daughters have in property and when daughters do not get a share in their father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of daughters on their father’s property…
What the law says:
By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claims and rights on property. According to this, the daughter has as much right on her father’s property as the son. Strengthening the rights of daughters, the amendment in this succession law in 2005 ended any kind of doubt regarding the rights of the daughter on her father’s property.
When cannot a daughter claim her father’s property?
In the case of self-acquired property, the daughter’s position is weak. If the father has bought land, constructed or bought a house with his own money, then he can give this property to anyone he wants. It is the legal right of the father to give his self-acquired property to anyone as per his wish. That is, if the father refuses to give the daughter a share in his property then the daughter cannot do anything.
What does the law say in case the daughter is married?
Before 2005, under the Hindu Succession Act, daughters were considered only members of the Hindu Undivided Family (HUF) and not co-heirs i.e. equal heirs. Co-heirs or co-heirs are those who have rights over the undivided property of the four generations before them.
However, once the daughter gets married, she is not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-heir i.e. equal heir. Now the daughter’s marriage does not change her rights over her father’s property. That is, even after marriage, the daughter has rights over her father’s property.
