Women’s Legal Rights in India know all about it: As a woman, you play many roles in many relationships. Do you know what rights you have as a daughter under the Constitution and law? One of the most controversial issues related to daughters has been their share in property. Let’s know what the law says about a woman’s property rights. Based on a conversation with a Supreme Court lawyer…
Property rights of a woman as daughter pros and cons: Traditionally, a woman who played various roles in the family relationships was not aware that she had some constitutional or legal rights. In terms of rights, she used to accept whatever was told or given by the men of the house. It has not been long since women got their due rights, they were considered entitled to services, facilities and goods on par with sons. In India, both daughters and sons have equal rights in the property of their parents. Under the schedule of the Hindu Succession Act, both daughters and sons are Class I heirs and get equal share. We have started a series to create awareness among women about their financial rights. In this regard, we spoke to legal experts and did research.
Let us know what are the rights of a daughter in property after marriage, can a daughter be evicted from property or will, what are her rights on the ancestral property of grandparents, how is the share of a son or daughter decided, what will happen if the father has not made a will. Let us know the answers to such questions… (It is also worth noting here that the court interprets the law, so many times the judgment of the court can be under the interpretation of the law as per the need of the case)
What does the law say about the rights of a daughter in property after marriage…
According to Dr. Charu Walikhanna, a practicing lawyer in the Supreme Court and former member of the National Commission for Women (NCW), it is generally believed in the society that if a daughter is married and she has been given goods etc. as dowry or Stridhan, then she cannot claim rights in her maternal (father’s) property. But the law does not believe this and the daughter has the same right in the father’s property as the son has. Charu says, if the daughter gets married, neither her nor the son’s rights end on marriage. Both the son and the daughter will remain first class heirs.
Son or daughter can be evicted…
According to the Hindu Succession (Amendment) Act, 2005, in the absence of a will, a daughter has the same rights as a son. If there is a will, the testator has full authority to bequeath the property to whomever he wants. In such a case, it has also been seen that parents give rights over the property to the son and can/should evict daughters from the inheritance.
Whether there is a right in ancestral property and self-acquired property or not?
The Hindu Succession Amendment Act 2005 made some significant changes in the rights of women under the head ‘Inheritance of Property’ as compared to the earlier one. Under the Act, the provisions of Section 6 were amended so that women were entitled to co-parcenary rights equally as sons. They can claim partition and possession of ancestral and self-acquired property of their father. Earlier a woman had the right to live in the joint family property but did not have the right to seek partition, which could be sought only by male members. Before the amendment in 2005 in the Hindu Succession Act, 1956, a daughter was not a coparcener and, therefore, she was not entitled to claim partition. Now this has changed.
What if the daughter dies before the father…?
It is also possible that the daughter dies due to illness or accident. In such a case, the daughter’s children will get the same rights in the father’s property as the daughter would have if the daughter was alive. This is not gender specific. The same law applies on the death of both daughter and son.
What if the father dies without making a will…?
The father’s death by writing a will and the father’s death without making a will are two different circumstances in law. If a will has been made then the rights will be given accordingly but if it was not made and the head of the family i.e. the father or husband dies without making a will then the wife is the sole owner of the inheritance. The wife who is now a widow. Now it depends on the wife who gives what rights to this property.
