Property Law for Daughters in India
As per the Hindu Succession Act, 1956 a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies without leaving a will. Her rights were limited to the self-acquired property of their father.
The Hindu Succession Act 1956 initially didn’t give daughters equal rights to ancestral property. Daughter’s right in her parental property has always been questionable. In earlier the law prohibited the daughters from inheriting the property of her parents. It was the only son who was allowed to be an heir in their parent’s property. But after the amendment of act 2005 the disparity was removed and law clearly stated that the daughter can claim right in their parental property. Now daughter have equal right in the ancestral property as that of the son. It is also clarified by the act that a daughter’s right in the property shall remain valid irrespective of her age. Even it does not matter if the daughter was born before 2005. Her right shall be valid and she can claim her right in the parental property. Under this act it is also stated that irrespective of the fact whether the daughter stays unmarried or gets married the right of the daughter in her parental property remains unaffected.
- According to the Hindu succession amendment Act, every daughter, whether married or unmarried, is now considered a member of her father’s HUF.
- The Hindu Succession (Amendment) Act, 2005 confers the status of a coparcener on daughter giving equal rights on an ancestral property.
- She has now obtained the right to be appointed as a Karta to her father’s HUF property.
- The daughters are now eligible to be a co-sharer, if the father and the daughter were alive on 9/9/ 2005.
- Under the coparcenary, the coparceners obtain a right by birth over the coparcenary property by birth. Daughters have equal right to be coparceners.
- A member of the coparcenary can also sell his /her share in the coparcenary to a third party, so can a daughter if she’s a Coparcener.
- A daughter unlike the son as a coparcener can now have the right to demand partition and sale of ancestral property.