Introduction
Before rules got from Hon’ble Supreme Court, India, daughters were not having such freedoms to appreciate anyway as Daughters Right in parents property because of abominations in families and particularly to get the daughters and guardians against children such bearings were declared. Later daughters were given such privileges in parents property, which are represented by different regulations and court decisions.
The idea of daughters privileges in parental property in India has developed over the long run, with different regulations and corrections being acquainted with address the issue of orientation disparity in property freedoms.
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In ancient India, the arrangement of property legacy was patrilineal, implying that property was gone down through the male genealogy. This implied that daughters reserved no privilege to acquire their parental’ s property.
During the English frontier rule in India, the Indian Progression Demonstration of 1865 was presented, which permitted daughters to acquire their parents property if there were no male beneficiaries. Nonetheless, this arrangement was restricted to just specific networks and did not matter to most of the populace.
In 1956, the Hindu Succession Act was presented, which carried tremendous changes to the property freedoms of daughters in India. The Demonstration abrogated the unfair arrangement of legacy in light of orientation and presented the idea of equivalent legacy freedoms for the two children and girls. Nonetheless, this regulation simply applied to Hindus, Sikhs, Jains, and Buddhists, and didn’t reach out to other religions.
In 2005, the Hindu Succession Act was altered to additionally fortify the property privileges of girls. The correction gave girls the option to acquire hereditary property, regardless of whether it had been procured before the order of the law. This implied that daughters could now acquire property from their dad’s side of the family, which was already not permitted.
Legal Framework
The Hindu Succession Act of 1956
The Hindu Succession Act of 1956 governs property inheritance and succession among Hindus, including daughters. The act was amended in 2005 to give daughters the same rights as sons in parental property. In 2005, the Hindu Succession Act of 1956 was amended to give daughters the same rights as sons in their parents’ property, including ancestral and self-acquired property. The Act amendment is retroactive to the date of its enactment, which is September 9, 2005.
Section 6 of the amended Hindu Succession Act, 1956, lays out the rules for property devolution in the event of a male Hindu dying intestate (without leaving a valid will). Daughters are treated as coparceners in this section, with the same rights and liabilities as sons.
The Muslim Personal Law (Shariat) Act of 1937
This act governs property inheritance and succession among Muslims in India. Daughters are also entitled to a fixed share of the property under the law have equal right as son as Daughters Right.
The Indian Succession Act of 1925
The Indian Succession Act of 1925 provides for the distribution of property if the parents die intestate (without a will).
Right To Ancestral Property
The right to ancestral property is one that has been passed down from generation to generation. Daughters have an equal share in such properties, whether acquired before or after the passage of the Hindu Succession Act In 1956.
Right To Parental Property
A parental property is one that the parents acquire, and the daughter has the right to a share of it. Daughters now have the same rights as sons in their parents’ property under Daughters Right, thanks to a 2005 amendment to the Hindu Succession Act.
Right to a Share Of The Father’s Property
Daughters, like sons, have an equal share of the father’s property in lieu to Daughters Right, whether self-acquired or acquired through a will.
Right to maintenance
Daughters have the right to maintenance from their parents regardless of whether they are married or unmarried. This right exists during the parents’ lifetime and continues after their death.
Landmark Judgements on Daughters Right in Parents Property
Several landmark decisions by Hon’ble Apex Court have recognised and upheld daughters’ rights to their parents’ property. Here are a few of the most important:
Danamma vs. Amar
In the Danamma vs. Amar case, the Supreme Court of India ruled in 2018 that daughters have the same rights as sons in their parents’ property, including ancestral property. The court ruled that the 2005 amendment to the Hindu Succession Act applies retrospectively, and daughters are entitled to an equal share of ancestral property regardless of when it was acquired with Daughters Right.
“ Section 6, as amended, stipulates that on and from the commencement of the amended Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. It is apparent that the status conferred upon sons under the old section and the old Hindu Law was to treat them as coparceners since birth. The amended provision now statutorily recognizes the rights of coparceners of daughters as well since birth.”
Click to Read Citation: Danamma @ Suman Surpur vs Amar
Vineeta Sharma vs. Rakesh Sharma
In the Vineeta Sharma vs. Rakesh Sharma case in 2020, the Supreme Court clarified the legal position regarding daughters’ rights to parental property. The court ruled that the 2005 amendment to the Hindu Succession Act applies to all daughters, whether born before or after the amendment, and regardless of whether the property is ancestral or not.
“Resultantly, we answer the reference as under:
(i) The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.
(ii) The rights can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to the disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December, 2004.
(iii) Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.
(iv) The statutory fiction of partition created by proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparcenary”
Click to Read Citation: Vineeta Sharma vs Rakesh Sharma
Satish Kumar and Another vs. Santosh Kumari
In the Satish Kumar and Others vs. Santosh Kumari case, the Delhi High Court ruled in 2016 that daughters have an equal right to their father’s property, regardless of whether they were married or unmarried at the time of the father’s death.
Prakash and Ors. vs. Phulavati and Ors.
In the Prakash and Ors. vs. Phulavati and Ors. case in 2015, the Supreme Court ruled that the 2005 amendment to the Hindu Succession Act, 1956, applies retrospectively, and daughters are entitled to an equal share in ancestral property even if the father died before the amendment went into effect.
“The provisions prima facie, therefore, appear to be violative of Article 14 of the Constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced”
Click to Read Citation: Prakash and Ors. vs. Phulavati and Ors
FAQ
Does Daughter Have Right In Parents Ancestral Property In India?
Yes, a daughter has a right to her parents’ ancestral property in India. The term “ancestral property” refers to property passed down from generation to generation. Daughters have the same right in ancestral property as sons, according to the Hindu Succession Act, 1956, which governs the inheritance and succession of property among Hindus in India.
The Hindu Succession Act was amended in 2005 to strengthen daughters rights to ancestral property. The amendment clarified that daughters have an equal right to ancestral property, regardless of whether they were born before or after the Hindu Succession act, 1956.
Does Daughter Have Right In Parents Self Acquired Property In India?
Yes, In India, a daughter has a right to her parents’ self-acquired property. The term “self-acquired property” refers to property acquired by an individual through his or her own efforts and resources, rather than inherited from any ancestor.
Will Daughter Martial Status Affect the Right in Parents Property?
No, It is important to note that the daughter’s right to ancestral property is unaffected by her marital status. Whether she is married or unmarried, she has an equal right to the property. Furthermore, whether the property was acquired before or after the passage of the Hindu Succession Act in 1956 has no bearing on the daughter’s right to it. The daughter’s property rights are unaffected by her marital status. Whether she is married or unmarried, she has an equal right to the property.
Conclusion
Finally, daughters in India have legal rights in their parents’ property that are protected by various laws and court decisions. It is critical for daughters to be aware of their legal rights and to take legal action if there is a dispute. Overall, various laws and amendments in India have gradually increased daughters’ property rights in their parents’ property. However, many cultural and societal barriers continue to prevent women from fully exercising their property rights, particularly in rural areas.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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