Daughter Rights in Father Property: Many people lack information about the provisions related to the rights of daughters on father’s property. Especially women have less knowledge about this.
Daughter Rights in Father Property: There are different laws regarding the division of property in India. In the absence of information and in the absence of division, it always remains a matter of dispute. Many people lack information about the provisions related to the rights of daughters on the father’s property. Especially women have less information about this. Many women assume that they have nothing to do with this property. Apart from this, daughters are deprived of their rights in the father’s property due to many social traditions.
In present India, there is a clear law regarding how much right daughters have in the property and when daughters do not get a share in the father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of daughters on the father’s property (Property Knowledge In Hindi).
What does the law say
The Hindu Succession Act, 1956 was amended in 2005 to give daughters the legal right to get an equal share in ancestral property. This law was made in 1956 to make provisions for claims and rights on property. According to this, a daughter has as much right on the father’s property as a son. Strengthening the rights of daughters, the amendment made in 2005 in this succession law has put an end to any kind of doubt regarding the daughter’s rights on the father’s property.
When can a daughter not claim her father’s property?
In the case of self-earned property, the daughter’s case is weak. If the father has bought land, built or purchased a house with his own money, then he can give this property to whomever he wants. It is the father’s legal right to give the self-earned property to anyone of his own choice. That is, if the father refuses to give the daughter a share in his property, then the daughter cannot do anything.
What does the law say in case of a married daughter
Before 2005, in the Hindu Succession Act, daughters were considered only members of the Hindu Undivided Family (HUF), not equal heirs. Equal heirs are those who have rights over the undivided properties of the four generations before them. However, when a daughter gets married, she is not even considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered equal heir. Now, the daughter’s marriage does not change her rights over her father’s property. That is, even after marriage, the daughter retains rights over her father’s property.
Can go to court if property is not given
A daughter can go to court to claim rights in father’s property. For this, she will have to file a case in civil court. If the claim is correct, the daughter will get rights in father’s property.
Daughters cannot get rights in father’s property when the following conditions exist:
- Under the Hindu Property Act (Hindu Marriage Act): Under the Hindu Property Act, a daughter does not have any right over her father’s property if the father is alive. The ownership of the property remains with the father, and after his death the property is distributed among other members of his lineage, such as mother, brother, sister, etc.
- If the property is under injury: If the property is under injury, such as an action for a crime, then the daughter cannot have any right over the father’s property. In this case, if the court or the concerned authority upholds it, the property can be merged and the daughter has no right over it.
- If the father has transferred the property as a gift: If the father has transferred his property as a gift and handed it over to a bank, organization or other person for personal or business purposes, then the daughter has no right over the father’s property.
If you have a controversial situation, you should contact a legal advisor who can provide you with specialised information and advice regarding disputes.
