Property Rights In India: Son and daughter have rights in father's property, know what are the rights under the law
The journey to end the inequality between sons and daughters in property rights in India began with the 2005 amendment. In this article, we explained in detail how daughters got equal rights in ancestral property after 2005 and the decisions of the Supreme Court further strengthened these rights. Learn how to understand and implement your property rights.
Right to Property in India
The question of property rights in India has always been a hot topic of discussion, especially regarding the inequality between sons and daughters. However, in the last few decades, there have been many significant changes in this area, which have given daughters equal property rights as sons. After the amendment made in the Hindu Succession Act in 2005, daughters also started getting equal rights as sons in ancestral property.
In this article, we will understand in detail what is the difference between the property rights of sons and daughters under the Indian legal system, how the Supreme Court judgment has strengthened these rights, and how you can pursue your legal rights.
Overview of property rights
Property rights in India are primarily determined under the Hindu Succession Act, 1956, which was amended in 2005. This amendment provided significant equality in the rights of sons and daughters. While earlier daughters could not claim their share in the father's property, now they have equal rights as sons in ancestral property. Apart from this, the father has full rights over self-acquired property, but this property is also divided equally in case of death without a will.
Rights of sons and daughters in ancestral property
Ancestral property is the property that a person inherits from his ancestors. Both sons and daughters have rights in this property from birth. After the amendment of 2005, daughters have also got equal rights as sons in ancestral property. With this change, daughters also got the status of coparcener, which means that they are also considered a part of the Hindu undivided family. Along with this, this property can be divided without the will of the father and the son and daughter get equal share in it.
Rights in self-acquired property
Self-acquired property is the property that a person has acquired through his hard work or earnings. The father has full rights over this property and he can give it to anyone he wishes. If the father dies without a will, then his self-acquired property is equally divided among the legal heirs, which includes both sons and daughters. However, if the father makes his will, then he can give his self-acquired property to a particular person, be it a son or a daughter.
Rights of Married Daughters
Earlier it was believed that daughters cannot get any share in their father's house property after marriage, but the 2005 amendment completely changed this notion. Now married daughters also have equal rights in their father's ancestral property, and their marital status does not affect this right. The Supreme Court made it clear in 2020 that daughters will get equal share in their father's property despite marriage. This decision proved to be a big step towards the economic empowerment of women.
Rights of daughters born before 2005
After the 2005 amendment, the question arose whether this new law would apply to daughters already born. The Supreme Court gave a historic verdict on this issue in 2020, stating that this law would apply with retrospective effect. This means that all daughters born before 2005 will also get an equal share in the ancestral property, regardless of the date of their birth. This decision further strengthened the equality in rights of sons and daughters.
Right to demand a share in property
Many times daughters are not given their rights in families, and in such a case they have to resort to the legal route. If a daughter is not given her share of ancestral property, she can first try to compromise with the family. If the matter is not resolved, a legal notice can be sent. After this, if a solution is not found, a petition can be filed in the court, which can order the division of the property.
Father's will and daughters' rights
A father can bequeath his self-acquired property to any person, but this is not possible in case of ancestral property. If a father dies without a will, all his property (both ancestral and self-acquired) will be divided equally between the son and the daughter. However, if a father disinherits a daughter in his will, it may be legally valid, but it is not considered morally right.
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