Property Rights in India : There have been many changes in the law regarding property rights in India. Earlier, where daughters did not get equal rights in father’s property, now after the amendment in the law, daughters have also started getting equal rights as sons.
Property Rights in India Today we will tell you what rights a son and daughter have in father’s property under Indian law.
An important amendment was made in the Hindu Succession Act 1956 in 2005. After this amendment, daughters started getting equal rights as sons in ancestral property. Earlier only sons had full rights in father’s property. Daughters used to get property rights only till marriage. After marriage, they were considered part of the husband’s family.Family Vacation Package
Rights of son and daughter in father’s property: Property Rights in India
- Rights in ancestral property Equal rights to both son and daughter
- Rights in self-acquired property Depends on father’s will
- 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 to both son and daughter
- Right to divide property Equal rights to both son and daughter
- Rights in Hindu undivided family Daughter can also become karta
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Rights of daughters in father’s property! Know the new law and rights in ancestral property. Daughter’s Share in Ancestral Property
Amendments in Hindu Succession Act
The amendment made in the Hindu Succession Act in 2005 strengthened the rights of daughters. The main points of this amendment are:
- The daughter will also be considered a member of the Hindu Undivided Family
- The daughter will also be considered an equal sharer in the father’s property
- Both married and unmarried daughters will get equal rights
- The daughter can also become the Karta of the Hindu Undivided Family
- The daughter will also get the right to divide the property
- Rights of the daughter in ancestral property
Ancestral property means the property which the father has inherited from his ancestors. In this property: Family Vacation Package
The daughter will get an equal share as the son
- The daughter’s right starts from her birth
- This right of the daughter remains intact even after marriage
- The daughter can sell or donate her share of property
- The daughter can demand division of the property
- Rights of the daughter in self-earned property
Self-earned property is that which the father has earned himself. In case of this property:
- The father has full right to decide to whom he wants to give it
- The father can give it only to the son or daughter if he wants
- 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 a legal heir in this situation
Right to partition of property
After the amendment of 2005, the daughter has also got the right to partition of property. Under this:
- The daughter can demand partition of the father’s property
- The daughter can sell or donate her share of the property
- The daughter can give rights over her share of the property to a third person
- Place of daughter in Hindu Undivided Family
Hindu Undivided Family is a group which includes all the descendants of an ancestor. After 2005 amendment:
- Daughter is also considered a member of Hindu Undivided Family
- Daughter can also become the Karta of Hindu Undivided Family
- Daughter also gets equal share in the family property
Rights of daughter after marriage
Earlier it was believed that after marriage, the daughter becomes a member of the husband’s family. But now:
- Even after marriage, the daughter retains rights over the father’s property
- Even after marriage, a married daughter can claim a share in the father’s property
- Even after marriage, the daughter remains a member of the Hindu undivided family
Rights of a daughter after the death of the father, If the father dies, then:
- The daughter will get an equal share as the son
- If the father has not left a will, the property will be divided equally among all the legal heirs
- The daughter will also be considered a legal heir
Rights of a daughter under Muslim law
- Muslim law also gives property rights to daughters:
- The daughter has the right to live and maintain the parental house until marriage
- The daughter inherits the property of the parents
- However, the daughter gets half the share as compared to the son
Rights of a daughter under Christian law
- Christian law gives full property rights to daughters:
- The daughter gets an equal share as the son
- The daughter has full rights over personal property
- The daughter can sell or donate her property
When a daughter cannot Claim on property?
In some circumstances, a daughter cannot claim the property:
- If the father has given his self-acquired property to someone else
- If there is a legal dispute over the property
- If the father has donated or gifted the property
- Property Rights: For how many years after marriage does a daughter have rights on the property, know the rules
- Legal battle over property rights
- If the daughter is not getting her rights, then she can take legal help:The daughter can file a case in the civil court
- The daughter can go to the Supreme Court for her rights
- In many cases, the courts have given decisions in favor of daughters
- Important decision of the Supreme Court
In 2020, the Supreme Court gave an important decision:
- The daughter’s right will apply even if the father is alive
- The daughter’s right will not depend on the date of death of the father
- The daughter’s right will apply even before the amendment of 2005
- There is a need for awareness about rights
- Daughters need to be aware of their rights
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