Property Rights in India: There have been many changes in the law regarding property rights in India. Whereas earlier daughters did not get equal rights in their father’s property, now after the amendment in the law, daughters have started getting equal rights as sons. Today we will tell you what rights the son and daughter have in their father’s property under Indian law.
The Hindu Succession Act 1956 underwent a significant amendment in 2005. After this amendment, daughters started getting equal rights in ancestral property as sons. Before this, only sons had full rights in their father’s property. Daughters had property rights only until marriage. After marriage, they were considered part of the husband’s family.
Rights of son and daughter in father’s property: at a glance
| Description | rights |
| rights in ancestral property | Both son and daughter have equal rights |
| Rights in self-acquired property | dependent on father’s wishes |
| rights after marriage | Daughter’s rights remain intact |
| rights after father’s death | Equal share to both son and daughter |
| right to sell property | Equal rights for both son and daughter |
| right to divide property | Equal rights for both son and daughter |
| Rights in Hindu Undivided Family | Daughter can also become a doer |
Amendment in Hindu Succession Act
Amendments to the Hindu Succession Act in 2005 strengthened the rights of daughters. The key points of this amendment are:
- Daughter will also be considered a member of Hindu Undivided Family
- The daughter will also be considered an equal sharer in the father’s property.
- Both married or unmarried daughters will get equal rights.
- Daughter can also become the leader of Hindu undivided family
- Daughter will also get the right to share property
Daughter’s rights in ancestral property
Ancestral property means the property which the father has inherited from his ancestors. In this property:
- Daughter will get equal share as son
- Daughter’s rights start from her birth
- This right of the daughter remains intact even after marriage.
- The daughter can sell or donate her share of the property
- Daughter can demand division of property
Daughter’s rights in self-acquired property
Self-acquired property is that which the father has earned himself. In case of this property:
- The father has every right to give it to whom he wants
- If the father wishes, he can give it only to his son or daughter.
- If the father dies without a will then this property will be divided equally among all the legal heirs.
- The daughter will also be considered the legal heir in this situation
right to divide property
After the amendment of 2005, the daughter has also got the right to share the property. According to this:
- Daughter can demand division of father’s property
- The daughter can sell or donate her share of the property
- Daughter can give rights over her share of property to a third person
Place of daughter in Hindu undivided family
Hindu undivided family is a group that includes all the descendants of a common ancestor. After 2005 amendment:
- Daughter is also considered a member of Hindu Undivided Family
- Daughter can also become the leader of Hindu undivided family
- Daughter also gets equal share in family property
Daughter’s rights after marriage
Earlier it was believed that after marriage the daughter became part of her husband’s family. but now:
- Even after marriage, the daughter retains her right over her father’s property.
- Married daughter can also ask for share in father’s property
- Even after marriage, the daughter remains a member of the Hindu Undivided Family.
Daughter’s rights after father’s death
If father dies:
- Daughter will get equal share as son
- If the father has not left a will then the property will be divided equally among all the legal heirs.
- Daughter will also be considered legal heir
Daughter’s rights under Muslim law
Even in Muslim law, daughters are given rights in property:
- The daughter has the right to live and maintain herself in her parents’ house until marriage.
- Daughter inherits parents’ property
- However, the daughter gets half the share as the son.
Daughter’s rights under Christian law
In Christian law daughters are given full rights in property:
- Daughter gets equal share as son
- Daughter has full right on personal property
- Daughter can sell or donate her property
When can a daughter not claim the property?
The daughter cannot claim the property under certain circumstances:
- If the father has transferred his self-acquired property to someone else
- If there is any legal dispute going on over the property
- If the father has donated or gifted the property
Legal battle over property rights
If the daughter is not getting her rights then she can seek legal help:
- Daughter can file a case in civil court
- Daughter can go to Supreme Court for her rights
- In many cases, courts have given decisions in favor of daughters.
Important decision of Supreme Court
In 2020, the Supreme Court gave an important decision:
- Daughter’s rights will apply even if the father is alive
- Daughter’s rights will not depend on the date of father’s death
- Daughter’s rights will be applicable even before 2005 amendment
Need for awareness about rights
Daughters need to be aware of their rights:
- Many daughters are unaware of their rights
- In many families daughters are still deprived of property.
- Government and NGOs should run awareness campaigns
Disclaimer
This article has been written for information purposes only. Although the information contained herein has been taken from reliable sources, please consult a qualified attorney for advice on any legal matter. Property matters can be complex and each case may have its own unique circumstances. It is therefore important to seek legal advice before taking any action.