Daughters’ Rights in Father’s Property: Daughters have rights on ancestral property, but the first right on the property created by the father is hers. Therefore, the father can give his property to anyone as per his wish.
Property Rights: In India, girls are often said to be “paraya dhan” because they leave their father’s house after marriage and go to their husband’s house. Therefore, it is believed that they do not have rights over their father’s property. But do daughters really have no rights over their father’s property or do they lose their rights over their father’s property after marriage?
If you want to know the answer to this, then let us tell you that the Government of India passed the Hindu Succession Act in 1956. This act was related to the division of property in India. Under this law, laws related to property division, succession and inheritance among Hindus, Buddhists, Jains and Sikhs have been decided.
According to the Hindu Succession Act of 1956, daughters had no rights over their father’s property.
Property Rights of Daughter
The government amended this act in 2005, which is known as the Hindu Succession Act 2005. According to this, daughters also get equal rights as sons in the father’s property. But what does this act say in the case of married daughters? Do married daughters also have rights on their father’s property?
Daughters also have equal rights in father’s property
After the amendment in the Hindu Succession Act in 2005, in the case of a married daughter, the daughter has been considered an equal heir to the property. That is, before the year 2005, daughters did not get a share in the father’s property after marriage, but after the amendment in the Hindu Succession Act 1956 in the year 2005, daughters also get equal rights in the father’s property.
When do daughters not get rights to their father’s property?
- If the father has made a will while alive, in which he has transferred the entire property to the son, then the daughter cannot claim or claim any right on the property. But if there is no will, she can claim her right on the property.
- A daughter has a right on the ancestral property, but, she has the first right on the property that the father has created himself. Therefore, the father can give his property to anyone as per his wish.
- If any criminal case is registered on the father’s property, then the daughter or any other member of the family cannot claim rights on it.
Let us tell you that the Bombay High Court had said in a decision last month that if the father died before the Hindu Succession Act came into force in 1956, then the daughters have no right over the father’s property. According to the court, since the person died before the 1956 Act came into force, his property was distributed according to the laws existing at the time of his death, which do not recognize daughters as heirs.
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