Many types of laws have been made across the country regarding property division in India, which 90 percent of the people are not aware of. For this reason, the number of property-related disputes is increasing continuously across the country. In Indian culture, daughter is given the status of a goddess, but when it comes to property division, many times people pull back their feet. There are many misunderstandings about the rights of daughters on property, due to which daughters are often deprived of their rights.
Legal status of property rights of daughters
In India, from the very beginning, there has been hesitation in giving daughters their share in the property. A major reason for this was that earlier there was no clear law on this. However, now laws have been made to ensure daughters their rights in the property. The Hindu Succession Act, implemented in 1956, was amended in 2005 to give daughters equal rights in ancestral property. This law was specifically made for claims and rights on property.
Amendment of 2005
In 2005, the Indian Parliament made an important amendment to the Hindu Succession Act, which further strengthened the rights of daughters. After this amendment, daughters got the same rights on the father’s property as a son. This amendment gives rights to daughters as Hindu coparceners from birth, which can be claimed only from the date of amendment in 2005. This has left no doubt about the rights of daughters on the father’s property.
When do daughters not get a share in father’s property?
There are many situations where daughters do not get the right to claim their share in the property. One of the main reasons for this is that the father transfers his entire property to his son before his death. In this situation, the daughter does not get any rights in the father’s property. However, this applies only to the father’s self-earned property. If a person disposes of his self-acquired property during his lifetime, then the daughters cannot claim it.
Rights of daughters on ancestral property
If the property is inherited by the father from his ancestors, i.e. it is ancestral property, then the father cannot give it to anyone of his own free will. In this case, both daughter and son have equal rights. Ancestral property is that which is inherited from the father’s father or ancestors. All members of the family have a right on this type of property, and it should be divided equally. This is the reason why the rights of daughters on ancestral property have been protected by law.
Historic decision of the Supreme Court
On 11th August 2020, a landmark judgment was given by a three-judge bench of the Hon’ble Supreme Court in the case of Vineeta Sharma vs Rakesh Sharma (2020) SC 641. In this decision, it was said that a daughter is entitled to coparcenary property from birth and whether the father is alive or not on the date of amendment (9 September 2005) is irrelevant. This decision was an important step for the rights of daughters, which clarified that daughters should also get equal share in ancestral property.
Property rights of women in different religions
There is also a difference in property rights according to different religions in India. Under the Hindu Succession Act, there is a provision to give rights to daughter in ancestral property. At the same time, in Muslim Personal Law also, there is a provision for the right of daughter and other women of the family on ancestral property. In Hindu succession also, there was a provision for women to have property rights, but it was on the husband and their (husband’s) ancestral property. At present, this right is also available on the father’s property.
Importance of daughters’ rights
Giving equal rights to daughters in property is not only important from the legal point of view, but it is also an aspect of social justice. This gives economic security to daughters and they can become self-reliant in their lives. Equal share in property also raises the social and economic status of women. This is an important step towards gender equality, which strengthens the position of women in society.
Measures to avoid property disputes
To avoid property disputes, families should make a clear division of their property. Making a will is a good way to do this, so that there is no dispute in the division of property. All family members should keep transparency about the property and be aware of the legal provisions. It is also important to seek legal advice to avoid property disputes, so that there is no problem in future.
Disclaimer
This article is for informational purposes only. Laws and rules related to property rights may change over time. The information given in this article is general and may vary in the case of a particular person. In any property dispute or legal matter, it is extremely important to consult a qualified lawyer or legal advisor according to individual circumstances. The author or publisher will not be liable for any decision made based on the information given in this article.
