Equal Share for Daughters in Father’s Property

Index
1. Married Daughter’s Right to Self-Earned Property
2. Married Daughter’s Share in Property
3. Daughter’s Share in Father’s Property
4. Can Daughter Claim Property Share?
5. Supreme Court Judgments on Daughter’s Rights
6. Father’s Property Rights: Son vs. Daughter
7. Conclusion
8. FAQs on Equal Share for Daughters

Significant modifications have been made to the laws in India that control daughters’ property rights in recent times.

Before this daughters used not to have equal rights with their fathers on property.

One significant related event, in this case, was the 2005 amendment to the Hindu Succession Act, which ensured that daughters had equal rights with their brothers in respect to the inheritance of ancestral property.

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

The married daughter’s right to equal shares in the father’s self-acquired property is the same as that of an unmarried daughter.

This includes any kind of succession, whether bequeathed or not, movable or immovable assets.

According to the Hindu Succession Act 1956, property should be equally shared among all heirs recognised by law irrespective of their gender whether they are sons or daughters.

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

As prescribed via Hindus Succession Act of 1956, marriage does not prohibit a daughter from having her birthright to an equal share with a son in her father’s property whether it was self-earned or ancestral. Section 6 of the Act was amended in the year 2005 so as to confer equal rights to daughters including married ones who are made coparceners by such amendment in the ancestral property belonging to their fathers. 

The property on intestacy should pass equally among all legal heirs including married daughters and sons among other relatives. However, under such circumstances a will might determine how parties will receive their shares as per his decision as regards the testamentary heirs.

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

In India, the extent of a daughter’s inheritance from her dad’s estate fluctuates according to different factors like type of the property and family religion.

Both single and married daughters are entitled to an equal portion with sons in their fathers’ estates under the Hindu Succession Act 1956 regardless of whether they are self-acquired or ancestral. However, if there is a will that has specific provisions for the heirs marked out by their father’s name, then the share of the daughter may differ.

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

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

In the context of India, the property of a father can be legally claimed by a daughter through succession. The claim is based on many factors like the property type, family religion, existence of will and if the father had died intestate.

Under the Hindu Succession Act 1956 all daughters whether single or married have equal share with sons in their fathers’ properties no matter whether they are self-acquired or ancestral. In intestate cases, daughters are included as one among other legal heirs who get an equal division of the property.

For other communities including Muslims and Christians, rules that govern children’s rights to inheritances belong to their unaffiliated laws.

If neglected from her controllable portion, she’s capable of seeking redress from a court by requesting for the conclusion of the estate’s division or initiating an action aimed at safeguarding her claim over movable assets.

Some Supreme Court Judgments on the daughter’s right to her father’s property

Supreme Court of India has rendered numerous important decisions on the property rights of daughters in their father’s wealth in India. Among them are:

• The Hindu Succession Act was amended in 2005, which provided for equal coparcenary rights to daughters just like sons. In Suman Surpur & Others vs. Amar (2018), it was held by the Supreme Court that this amendment had retrospective effect with respect to partition suits filed before its enforcement.
• The Supreme Court determined that daughters have coparcenary rights in their father’s property since birth, irrespective of the fact whether their father expired before the 2005 modification to the Hindu Succession Act. The court stated that this amendment only intended to clarify and it did not deprive any previously vested rights (Vineeta Sharma and Rakesh Sharma & Others 2020).
• As stated by Prakash & Ors. v. Phulavati & Ors. (2016), decided by the Supreme Court of India, living daughters of living coparceners as of September 9, 2005, would be entitled to benefit from it and not those daughters who were born before that date and whose fathers had died before that date.

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

In India, there exists a variety of laws that govern property rights for sons and daughters in their father’s land depending on the type of land and the family’s religion. According to the Hindu Succession Act of 1956 it is stated that both sons and daughters are entitled to an equal right on their father’s self-acquired as well as ancestral property.

The 2005 amendment to this act also states that daughters have equal corporate rights like sons in respect to ancestral property. For intestate succession, the estate is shared among all legal heirs including sons or daughters in equal proportions. Nevertheless, in case there is a will made, the proportion of each child can be dissimilar if particular arrangements are there for his heirs by their father.

Conclusion

According to the Hindu Succession Act, 1956, the assets are equally shared amongst all legal heirs comprising both sons and daughters.

More generally, laws affecting inheritance in India have been revamped over the last couple of years such that daughters’ rights to property have been immensely expanded especially by granting them entitlement to ancestral property as coparceners whether married or not.

Frequently Asked Questions on Equal Share for Daughters in Father’s Property

Q1. Does a daughter have an equal share in a father’s property?

Ans1. According to the 2005 modification to the Hindu Succession Act by the Supreme Court, girls are entitled to the same property as their sons. Daughters are granted birthright to their fathers’ or their ancestors’ property under this act.

Q2. What is the new law for daughter in father property?

Ans2. The Hindu Succession (Amendment) Act 2005 grants daughters equal rights as sons in inheriting their father’s property. Daughters are now considered coparceners in the joint Hindu family property by birth, with the same rights and liabilities as sons. If a father dies without a will, the property is divided equally among all children including both sons and daughters.

Q3. Do girls have equal rights on father’s property?

Ans3. On their father’s land, women are entitled to the same rights as men because of the Hindu Succession (Amendment) Act of 2005. Both moveable and immovable assets are included in this. Daughters are entitled to a share of their father’s property as they are coparceners.

Q4. क्या पिता की संपत्ति में बेटी का बराबर का हिस्सा होता है?

Ans4. हिंदू उत्तराधिकार अधिनियम में सुप्रीम कोर्ट द्वारा 2005 में किए गए संशोधन के अनुसार, बेटियों को अपने पिता की संपत्ति में बेटों के बराबर अधिकार प्राप्त है। यह अधिनियम बेटियों को उनके पिता या पैतृक संपत्ति में जन्मसिद्ध अधिकार प्रदान करता है।

Q5. In what situations are daughters not eligible for property?

Ans5. When her father self-acquired the property and gave it to his sons or grandsons while still living, the daughter cannot assert her ownership over the land.

Q6. What is the latest Supreme Court Judgement on daughters’ right in property?

Ans6. The Hindu Succession Act, 1956 was amended in 2005, and the Supreme Court held that daughters have the same rights as males regarding their father’s ancestral property, regardless of the father’s state of life at that time.

Q7. Can a daughter claim father’s property after 20 years?

Ans7. Generally speaking, a claim made after thirty years would be invalid. If a person has possessed the property for more than 12 years, they may also be able to claim adverse possession as a defence.

Q8. Can a father give all his property to one child?

Ans8. A parent can, in fact, gift property to a single son. According to Hindu law, a father has the authority to give or dispose of the property he has earned on his own while still living.

Q9. क्या एक बेटी पिता की इच्छा को चुनौती दे सकती है?

Ans9. हां, आप इसे चुनौती दे सकते हैं । लेकिन उससे पहले यह देखना होगा कि क्या संपत्ति आपके पिता की स्व-अर्जित संपत्ति थी। यदि ऐसा है, तो पिता को वसीयत करने का पूर्ण अधिकार है।

Q10. Why do you think daughters are not given equal share of the property of the parents?

Ans10. Due to societal conventions that tend to subjugate women and the fact that men have historically owned the majority of properties, daughters are frequently denied an equal share of property.

Q11. What are the property rights of daughters married before 1989?

Ans11. The right to inherit a portion of the coparcenary property, which was granted to unmarried daughters or daughters married after the Act’s enforcement, was taken away from married daughters prior to the Amendment Act.

Q12. क्या एक विवाहित बहन पिता की संपत्ति का दावा कर सकती है?

Ans12. आपकी वैवाहिक स्थिति अप्रासंगिक है। 2005 के संशोधन के बाद हिंदू महिलाओं को पिता की संपत्ति में समान अधिकार मिल गया है।

Q13. What is the time limit to claim father’s property?

Ans13. A father’s alienation of ancestral property may be set aside within 12 years of the alienee gaining control of the property.

Q14. क्या तलाक के बाद बेटी पिता की संपत्ति पर दावा कर सकती है?

Ans14. तलाकशुदा बेटी को पिता की पैतृक और स्व-अर्जित संपत्ति पर अधिकार है, लेकिन पिता अपनी संपत्ति से बेटी को बाहर करने का अधिकार भी रखते हैं।

Q15. What is the Equal Property Share for Daughters Act?

Ans15. The share of ancestral property that daughters are entitled to inherit is equal to that of males and marriage has no bearing on this entitlement.

Q16. Can father refuse to give property to daughter?

Ans16. The parent is free to deny the daughter a portion of the property if it was self-acquired.

Q17. Does a daughter born before 1956 have an equal share in ancestral property?

Ans17. Daughters born before 1956 are entitled to an equal part of family property, according to a 2005 ruling by the Supreme Court.

Q18. Can a daughter claim father’s property if the father died before 1956?

Ans18. Under the Indian Succession Act of 1925, daughters might have claimed their portion of their father’s self-acquired property prior to 1956.

Q19. What is the 2005 judgement on daughter’s right in property?

Ans19. Daughters now have equal coparcenary rights under the 2005 ruling, which includes the ability to request partition and join the Hindu Undivided Family as a Karta.

Q20. Can father take back property from daughter?

Ans20. A present given unconditionally cannot be refunded to parents. They have the right to recover the property if the requirements were not fulfilled.

Q21. What are the rules for father’s property?

Ans21. Daughters have equal rights to their father’s ancestral and self-acquired property, as stated in the 2005 amendment.

Q22. Do daughters have equal share in property?

Ans22. Yes. According to Section 6 of the Hindu Succession Act, 1956, girls enjoy equal coparcenary rights that are obtained by birth.

Q23. What is the Supreme Court decision on daughter share?

Ans23. A daughter would inherit her father’s property as well as any ancestral property that was gained through division, according to a Supreme Court ruling.

Q24. What is the new law for a daughter on father’s property?

Ans24. In the event that there is no will and no other legitimate heir, daughters will be eligible to inherit their father’s property as of January 2022.

Q25. Can a father give all his property to one daughter?

Ans25. Yes, a father can leave property to one daughter through a will if it is self-acquired.

Q26. Can a married daughter claim maintenance from her father?

Ans26. Until she gets married, a daughter may ask her father for maintenance. However, a married daughter may also claim it in certain circumstances.

Q27. क्या कोई बेटी 30 साल बाद पिता की संपत्ति पर दावा कर सकती है?

Ans27. तीस साल बाद दायर किया गया दावा आमतौर पर अमान्य होगा, और 12 साल से अधिक समय से संपत्ति का मालिक होने पर प्रतिकूल कब्जे का बचाव किया जा सकता है।

Q28. What is the time limit to make a claim by legal heirs?

Ans28. Legal heirs have 12 years from the date of death to file a claim to inherit a portion of the deceased person’s assets, according to the Limitation Act.

Q29. What is the time limit to claim ancestral property by daughter?

Ans29. Daughters usually have 12 years, just like sons, to claim their portion of the family estate.