There have been many important changes in property rights in India from time to time. Earlier, daughters were not given equal rights in father’s property, but the amendment in Hindu Succession Act in 2005 changed this picture.
Now daughters also get equal rights as sons in ancestral and self-acquired property.
Hindu Succession Act and Amendment of 2005
The Hindu Succession Act 1956 was amended in 2005, which gave equal property rights to daughters. Earlier, daughters were deprived of property claims after marriage, but after the amendment, both married and unmarried daughters started getting equal share in their father’s property. Along with this, daughters can also become members and karta of Hindu Undivided Family ( HUF ).
Daughter’s right in ancestral property
Ancestral property is that which the father has inherited from his ancestors. The daughter gets the right to it by birth. This right remains even after marriage. The daughter has the right to sell, donate or demand partition of her share of the property.
Daughter’s right in self-acquired property
A daughter’s right on her father’s self-acquired property is entirely dependent on the father’s will. If the father dies without a will, then this property is divided equally among all the legal heirs. In this situation, the daughter is also considered a legal heir.
Rights of daughters after marriage
Even after marriage, daughters retain their rights over their father’s property. The 2005 amendment ensured that married daughters also get an equal share in the property.
Right to property after father’s death
After the demise of the father, if there is no will, the ancestral and self-acquired property is divided equally among all the legal heirs. Daughters are also equal partners as sons in this division.
Daughter’s rights in Muslim and Christian laws
Under Muslim law, daughters get half the share in property as compared to sons. However, Christian law provides equal rights to daughters.
Legal battle for daughters over property rights
If daughters are not given their rights, they can resort to court. In 2020, the Supreme Court gave a historic verdict that the rights of daughters will not depend on the date of survival or death of the father.
FAQs
- Does a daughter’s right over property end after marriage?
- No, a daughter’s right over her father’s property remains intact even after marriage.
- Can a father pass on his property to just his son?
- Yes, but this is possible only in case of self-acquired property.
- Can a daughter demand division of property?
- Yes, a daughter can demand division of her father’s property.
- How much share does a daughter get under Muslim law? Under Muslim
- law, a daughter is given half the share as compared to a son.
Changes in property rights in India have strengthened the rights of daughters. After the amendment of 2005, daughters are also considered to be equal to sons in property. This right applies from the birth of the daughter and remains even after marriage.
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