Daughter’s share in ancestral property: Many laws have been made in India regarding the rights of daughters, which ensure their share in the property of their parents. Notably, following amendments made in 2005 to the Hindu Succession Act, 1956, daughters have been given equal rights in their father’s property. This change is not only important from a legal point of view, but it also strengthens the position of daughters in the society. In today’s time, many women are not aware of their rights under this law, due to which they have to fight for their rights.
In this article we will discuss the rights of daughters in their father’s property. We will learn what type of property law applies, and when daughters do not get property rights. Additionally, we will present a table that will help explain this topic briefly.
daughters’ rights in property
Hindu Succession Act, 1956
The Hindu Succession Act, 1956 provided a legal framework for the division of property in India. Under this Act:
- Equal rights for daughters: According to the amendments made in 2005, daughters have the same rights over their father’s ancestral property as sons.
- Ancestral Property: This property applies to those properties which the father has inherited from his ancestors.
rights even after marriage
It is important to know that even after marriage, daughters retain their rights over their father’s property. Earlier, it was believed that after marriage the daughter becomes a part of her in-laws’ property, but now the law has made it clear that the daughter’s rights are not affected by her marriage.
When is the property not received?
Although daughters have rights over their father’s property in many cases, there are some situations when they do not get this right:
- Living condition of the father: As long as the father is alive, the daughter has no right on his property.
- Self-acquired property: If the father has acquired property (like a house or land) through his hard work and has given it to another person, the daughter cannot claim it.
- Legal dispute: If there is any legal dispute going on over the father’s property or he is involved in any criminal case, then the daughter cannot get the right on that property.
Table of rights of daughters
| Speciality | Description |
| Law | Hindu Succession Act, 1956 |
| revision year | 2005 |
| daughters’ rights | equal share (equal to sons) |
| ancestral property | property inherited from father |
| self acquired property | Limited rights on property acquired by father |
| rights after marriage | Rights remain even after marriage |
| situations of denial of rights | When father is alive and on self-acquired property |
| necessary legal process | Necessary to submit claim in court |
conclusion
The law in India giving equal rights to daughters on their father’s property is an important step. This not only gives economic independence to women but also strengthens their position in the society. However, lack of knowledge of this law often deprives women of their rights. Therefore, it is important that women remain aware of their legal rights and take recourse to the court when necessary.
Disclaimer:
This article has been written for informational purposes only. Readers are advised to consult a legal expert for their individual matters. Laws change from time to time and each situation is different. So make sure that you are getting the right information and taking appropriate steps to get your rights.
