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Equal Rights for Daughter in Property: Rights of Daughters in Hindu Property Law

Updated: Mar 27

According to The Hindu Succession (Amendment) Act, 2005 daughters have equal rights in Fathers ancestral property regardless of being married, unmarried as sons. In Hindu society, property rights are deeply intertwined with cultural norms and legal principles. Traditionally, sons have been the primary beneficiaries of ancestral property, while daughters' rights have often been limited. However, significant reforms such as The Hindu Succession (Amendment) Act, 2005 rectified this imbalance and granted daughters equal rights in the ancestral property. This was one of the landmark step in the field of Indian legislation regarding equal rights for women in India. Rights of Daughters in Property: The Hindu Succession (Amendment) Act, 2005, brought about crucial changes in the rights of daughters concerning ancestral property. Prior to this amendment, daughters did not have a birthright in ancestral property and were only entitled to a limited share, if any, through coparcenary rights. However, the 2005 amendment conferred equal coparcenary rights upon daughters, making them coparceners by birth. Section 6 Devolution of interest in coparcenary property:

On and from the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,―

(a) by birth become a coparcener in her own right the same manner as the son;

(b) have the same rights in the coparcenery property as she would have had if she had been a son;

rights of daughter under hindu property law

Supreme Court Judgements on the The Hindu Succession (Amendment) Act, 2005: Case Reference Danamma @ Suman Surpur & Anr. v. Amar & Ors. (2018) In this case, the Supreme Court of India clarified the retrospective effect of the 2005 amendment to the Hindu Succession Act. The court held that daughters would be entitled to equal coparcenary rights in ancestral property, regardless of whether the father was alive or deceased at the time of the amendment. This ruling reaffirmed the principle of gender equality in matters of inheritance. Case Reference Vineeta Sharma v. Rakesh Sharma & Ors. (2020) In this case, the Supreme Court addressed the issue of whether the 2005 amendment would apply retrospectively to cases where the father had died before the amendment came into force. The court reaffirmed the principles laid down in the Danamma case, holding that daughters have equal coparcenary rights in ancestral property, irrespective of when the father passed away.

Frequently asked questions regarding Daughters Right in Fathers Property under The Hindu Succession (Amendment) Act, 2005:


  1. What is the share of the married daughter in the father’s ancestral property? Under The Hindu Succession (Amendment) Act, 2005, a married daughter is entitled to an equal share as a son in her father’s ancestral property. The 2005 amendment ensures daughters, including married daughters, have equal rights in property as son. Distribution occurs equally among all legal heirs in the case of intestate succession, with provisions varying if a will exists.

  2. What is the share of the daughter in the father’s property if she is unmarried? Regardless of their martial status daughters have an equal share as sons in their father's ancestral property under The Hindu Succession (Amendment) Act, 2005

  3. Can a daughter claim the rights in the ancestral property if there is no will ? Yes a daughter can claim the rights in the property if there is no will under The Hindu Succession (Amendment) Act, 2005

  4. In case there is a will, where the daughter has not been granted equal property rights for ancestral. Can this be contested ? Under The Hindu Succession (Amendment) Act, 2005, a daughter has equal rights in the property as son. Hence yes under the law this can be contested if she has been left out of the will.

  5. In case there is a will, where the daughter has not been granted equal property rights for self-acquired property. Can this be contested ? In this case scenario, the daughter will be on weaker side. As The Hindu Succession (Amendment) Act, 2005 focuses on the Ancestral property.

  6. What if the father dies intestate, without a will ? If the father dies intestate (without a will), the inheritance of his property would be governed by the laws of intestate succession applicable to Hindus. In this scenario, the rights of married daughters to their father's property, both self-acquired and ancestral, would depend on the specific provisions of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005. Under these laws: Equal Share: Married daughters have equal rights along with sons to their father's self-acquired property. Coparcenary Rights: Married daughters also have coparcenary rights in ancestral property, which means they share equally with their brothers. Retrospective Effect: The amendment applies retrospectively, granting rights to daughters alive at the time of its enactment. Exception: Property received through a partition or by testamentary succession may have different rules, depending on the specific circumstances.


 

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