Indian law treats sons and daughters equally when it comes to inheritance
rights. This means that a married daughter has the same legal status as her
siblings, so that she can inherit a share of her father's self-acquired
property upon his demise.
Right of Daughter on Fathers property under the Hindu Act.
Under the Hindu
Succession Act, 1956, earlier a married Daughter was having no right on her
father’s property, and her right was till she was unmarried, and a son was
having right only in the property of father. After the amendment in Hindu
Succession Act on 09.09.2005 equal status was granted only those Daughters
whose fathers were alive before the amendment of Hindu law that came into force
in 2005.
The Hindu Succession
(Amendment) Act, 2005 which came into force on 09.09.2005 removes gender
discriminatory provisions in the Hindu Succession Act, and further gives equal
right of inheritance to the Daughters as sons in the property of father.
Before the amendment in
2005, a daughter was not having any share in her father’s property and only a
son had a share in the property, and especially when a daughter married then
she ceases to be a coparcener of Hindu Undivided Family (HUF) and accordingly
she loses her right in the property of her father. But now after the amendment
she has following rights:
👉The
daughter is also a coparcener by birth and has same rights and liabilities as a
son
👉A
daughter whether married or unmarried has equal share in the property of father,
and can ask for partition of the property.
👉If a
daughter is not alive, then her share in the property can be claimed by her
children.
Supreme Court of India in
the matter of Vineeta Sharma Versus Rakesh Sharma on 11.08.2020 held, that
Daughters whose fathers died intestate before the amendment also have equal
rights over the property, and a Daughter has equal share of the fathers
property in her own right by birth.
Right
of Daughter on Fathers Ancestral property
An Ancestral property is
one which is inherited up to four generation of male lineage without any
division and partition of the property by the previous three owners. Before the
amendment in the Hindu Succession Act, 1956, only sons had a share in the
ancestral property but after the amendment in 2005, both a son and a daughter
get an equal right in the property by birth. Now a father cannot write a WILL
in favor of only son after excluding daughters, whether she is married or
unmarried.
Right of Daughter on
Fathers Self acquired property
Any property which is not
a part of the joint family property is termed as Self acquired property, and a
father being the owner of the property has full right to deal with the property
in any manner and if father does not give any share to his Daughter then she
has no right to claim.
Right of Daughter, if
Father dies intestate i.e. without a WILL
If father died intestate
i.e. without writing a WILL for his property , then his property would be
devolved upon all his legal heirs equally, and hence the daughter will have her
right to claim equal share in the property left by her father.
Right of Daughter on
Fathers property under the Muslim Law.
Under Muslim law, there
is no difference between a Self acquired property or an Ancestral property or
right of inheritance by birth, and inheritance opens only on the death of
father.
After the death of
father, his all the properties whether purchased by him or he has inherited
from his ancestors can be inherited by his legal heirs including his married
daughters.
Hence, it is clear that a Married Daughter has her legal right to claim in her father’s property similar to her brother or an unmarried sister.
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