Equal Share for Daughters in Father’s Property

Introduction

• n India, the laws governing the property rights of daughters have undergone significant changes in recent years.
• Prior to these changes, daughters did not have equal rights to their father’s property.
• However, the Hindu Succession (Amendment) Act of 2005 brought about a significant shift in this regard by giving daughters the same rights as sons in ancestral property.
• Additionally, the Supreme Court has made several landmark judgments in recent years, further strengthening the property rights of daughters.

What is the married daughter’s right to the father’s self-earned property?

In India, a married daughter has the same right as an unmarried daughter in her father’s self-earned property.

This includes the right to inherit her father’s property, including movable and immovable assets, through a will or intestate succession.

The property is divided equally among all the legal heirs, including daughters and sons, as per the Hindu Succession Act 1956.

What is the share of the married daughter in the father’s property?

Under the Hindu Succession Act 1956, a married daughter has an equal share as a son in her father’s property, whether it is self-earned or ancestral. The 2005 amendment to the Act ensures that daughters, including married daughters, have equal rights and are coparceners in the ancestral property of their fathers. In the case of intestate succession, the property is divided equally among all legal heirs, which includes married daughters, sons, and other relatives. However, the share of the daughter may vary if a will exists and the father has made specific provisions for his heirs.

What is the share of the daughter in the father’s property?

In India, the share of a daughter in her father’s property depends on various factors, including the nature of the property and the family’s religion.

Under the Hindu Succession Act, of 1956, both unmarried and married daughters have an equal share as sons in their father’s property, whether it is self-acquired or ancestral. However, the share of the daughter may vary if a will exists and the father has made specific provisions for his heirs.

In some other religious communities, such as Muslims and Christians, the property rights of daughters are governed by their personal laws.

Can a daughter claim her share in the father’s property?

In India, a daughter can claim her father’s property through a legal process of succession. The claim is based on various factors such as the nature of the property, the religion of the family, the existence of a will, and whether the father died intestate (without a will).

Under the Hindu Succession Act 1956, both unmarried and married daughters have an equal share as sons in their father’s property, whether it is self-acquired or ancestral. In case of intestate succession, the property is divided equally among all legal heirs, including daughters.

In the case of other religious communities, such as Muslims and Christians, the property rights of daughters are governed by their personal laws.

If the daughter is denied her rightful share, she can approach a court of law to seek a partition of the property or file a suit to enforce her property rights.

Here are some supreme court judgment on daughter right on father’s property

The Supreme Court of India has made several significant judgments regarding the property rights of daughters in their father’s property in India. Some of the important ones are:

1. Danamma @ Suman Surpur & Another vs. Amar (2018) – The Supreme Court held that the 2005 amendment to the Hindu Succession Act, which granted daughters equal coparcenary rights as sons, applied retroactively, even to partition suits filed before the amendment came into effect.
2. Vineeta Sharma vs. Rakesh Sharma & Others (2020) – The Supreme Court held that daughters have coparcenary rights in their father’s property by birth, even if their father died before the 2005 amendment to the Hindu Succession Act. The court ruled that the amendment was clarificatory in nature and did not take away any rights that had already been vested.
3. Prakash & Ors. v. Phulavati & Ors. (2016) – The Supreme Court held that the 2005 amendment to the Hindu Succession Act would only apply to living daughters of living coparceners on September 9, 2005, the date of the amendment. The court clarified that the amendment would not affect daughters who were born before this date and whose fathers had died before the amendment.

These judgments have been instrumental in strengthening the property rights of daughters in India and ensuring their equal share in their father’s property.

What are the father’s property rights to his son and daughter?

In India, the property rights of sons and daughters in their father’s property are governed by various laws, depending on the nature of the property and the family’s religion.

Under the Hindu Succession Act 1956, both sons and daughters have an equal right in their father’s self-acquired and ancestral property. The 2005 amendment to the Act ensures that daughters have equal coparcenary rights as sons in ancestral property.

In the case of intestate succession, the property is divided equally among all legal heirs, including sons and daughters. However, the share of each child may vary if a will exists and the father has made specific provisions for his heirs.

Conclusion

The property is divided equally among all the legal heirs, including daughters and sons, as per the Hindu Succession Act 1956.

Overall, the laws in India have undergone significant changes in recent years, and daughters now have more extensive property rights than before, including the right to inherit ancestral property as coparceners, regardless of their marital status.

Frequently asked questions about daughter’s share in the property

Q 1. What is a daughter’s share in property in India?

Ans. A daughter’s share in property in India is determined by the Hindu Succession Act, which gives daughters an equal share as sons in the ancestral property of their father.

Q 2. Does a daughter have a right in her father’s property in India?

Ans. Yes, a daughter has an equal right to her father’s property in India as her brothers do, as per the Hindu Succession Act.

Q 3. Can a father disinherit his daughter from his property in India?

Ans. No, a father cannot disinherit his daughter from his property in India as long as the property is ancestral or acquired with ancestral funds. However, if the property is self-acquired, the father can distribute it as per his own wish.

Q 4. What is the difference between ancestral property and self-acquired property in India?

Ans. Ancestral property is the property inherited from four immediate paternal ancestors, while the self-acquired property is the property a person has acquired by their own efforts and resources.

Q 5. Can a daughter claim a share in her grandfather’s property in India?

Ans. Yes, a daughter can claim a share in her grandfather’s property in India if the property is ancestral and has not been partitioned.

Q 6. What is the procedure for daughters to claim their share in the property in India?

Ans. The procedure for daughters to claim their share in the property in India involves filing a partition suit in the civil court, which will then determine and divide the property among the heirs. It is advisable to seek legal help in such cases.