Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of daughters and sons were different. While sons had the complete right over their father’s property, daughters had this right only until they got married. After the wedding, a daughter was supposed to become part of her husband’s family.
Under the Hindu law, a Hindu Undivided Family (HUF) is a group including more than one individual, all lineal descendants of a common ancestor. A HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.
These Are Your Property Rights Under the Hindu Undivided Family
We as a property advisor shares the rights that married daughters presently have in their fathers’ properties as per the Hindu Succession Act, 2005:
Daughters’ rights in Hindu Succession Act, 2005
Earlier, once a girl was married, she discontinued being a part of her father’s HUF. Many saw this as diminishing women’s property rights. However, on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, as amended. As per the Hindu Succession (Amendment) Act, 2005, every daughter, whether unmarried or married, is considered a part of her father’s HUF and can even be elected as ‘Karta’ (who manages) of his HUF property. The amendment now allows daughters the same duties, rights, liabilities and disabilities that were earlier restricted to sons.
Earlier, according to the law, a girl can avail the advantages granted by the amendment only if her father died after September 9, 2005. And the girl is eligible to be a co-sharer merely if the father and the daughter were alive on September 9, 2005. But, on February 2, 2018, Supreme Court (SC) has made it a general rule that a daughter, either living or dead, on the date of the amendment will be permitted to share in father’s property, hence making her children too to claim this right.
Equal right to be coparceners
A coparcenary contains the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great-grandfather. Presently, females of the family can also be a coparcener.
- Under the coparcenary, the coparceners obtain a right over the coparcenary property and land by birth. The coparceners interest and share in the property and land keep on fluctuating on the basis of the number of members as per the birth and death of the members in the coparcenary.
- Both self-acquired and ancestral property can be a coparcenary property. However, in the case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to maintain the property according to his own will.
- A coparcenary member can further sell his or her share in the coparcenary to a third party. Though, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, yet, have the “right of first refusal” over the property, to stop the entry of an outsider.
- A coparcener (not any member) can file a lawsuit demanding partition of the coparcenary property but not a member. Hence, the daughter, as a coparcener, can now demand the partition of her father’s property and land in India.
It is vital to safeguard the Property Rights of Women to secure their life. A woman whether she is a daughter, a mother, or a wife, deserves to get equal property rights as her male counterpart. She must be treated with the same honour and love as anyone else.