The property rights for Indian daughters were different until the Hindu Succession Act, 1956, but were amended in 2005. Earlier, ancestral properties were shared only among sons in the family. As per rules, daughters also have a right to share in the property, just like sons. In the case of partition of a joint family property between her husband and his sons , the wife has the right to a share equal to as any other person. It further states, that the partitioning that took place before the amendment came into force cannot be reopened by the daughters after the amendment. In the instant case there was no express or intended stipulation which would make the Amendment Act retrospective in its application and by virtue of the Amendment Act, right to coparcenary property would be available only to ' living daughters' of ' living coparceners' on 9 September 2005. In this blog, we will speak about the property rights of daughters in India.
In the impugned Judgment Phulavati v Prakash , plea of restrospectivity has been upheld in favour of the respondents by which the appellants are aggrieved. This rule is made on the concept that a woman is worth half a man. We are one daughter and one son for our parents and both married. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well. All the coparceners are members but vice-versa is not true. The properties if remain undivided, the rights of great grand children are protected and if married daughter has any grand children , her share in her father's properties which remains undivided cannot be alienated by her in her individual capacities. Property rights are different in different religions.
The Hindu Succession act was originally formed in 1956 and due to the protests of the women rights federation, the government was forced to amend the act in 2005, which made things different. Therefore, as stated above, the daughters also have a share in their parents property which in the absence of a will would be distributed as mentioned in this article:-. In view of the aforesaid, in absence of a Will, all his legal heirs including your mother will have an equal right in the property you have an equal share as ur bro in ur ancestral property, and if the property is self acquired by ur parents and if there is no will made and they have died inestate then in that case also u have the equal right in the property but if the parents are alive they have the full right to sell,gift or can do whatever they want with the property. Under this law, the married daughter has an equal share in the properties of her father as that of her brothers. The sons and daughters got married. The High Court upheld the decree of the Trial Court. No doubt, the above provisions of the Hindu Succession Act, 1956 are gender discriminatory and parliamentarians fought over 49 years to remove this gender bias.
Goel interpreted the succession law and set aside the judgment of the Karnataka High Court in Prakash v. Father of the plaintiff died on 18th February, 1988 and was thus, not a coparcener on the date of commencement of the Amendment Act. In case the daughter passes away, her children are entitled to the shares that she would have received. Other , who come into the family by virtue of marriage, are still treated as members only. It is hailed for its consolidation of Hindu laws on succession into one Act.
In case no children are alive on the day of partition then the grandchildren shall be entitled to the shares that the daughter should have received. You will get a share in the self acquired property of your parents only in the event that they die without making a will. Iddat period is usually for three months. Therefore no woman can be denied property rights on the basis of any custom, usage or text and the said Act reformed the personal law and gave woman greater property rights. I have read the Succession act 2005 and understand that I have equal rights on both ancestral and acquired property.
A Bench comprising Justice Anil R Dave and Justice A. Phulavati's father passed away on 18 February 1988. She has the same rights, duties, liabilities and disabilities that were earlier limited to sons. Your parents can do whatever they wish with their self acquired property on which you have no right at all, 2. A coparcenary includes the eldest member of a family and three generations.
Advocate Mala Goel, who represented Sujata Sharma before the Delhi High Court, says that while the law is very clear on the rights of women, society usually denies property rights to daughters, specially to married daughters. In the instant case, the bench comprising Justice A. Also, the fact that the partition suit was filed in 2002 was held to be inconsequential. The Trail Court also denied them the benefit of 2005 amendment, which conferred equal coparcenary status to daughters as sons. However, if the property has been acquired by your grandfather through his own means, and not inherited i. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.
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 Apex Court said that the rights under the Hindu Succession Amendment Act, 2005 are applicable to living daughters of living coparceners those persons sharing the inheritance of an undivided property equally with others as on September 9, 2005 when amendments came into force irrespective of when such daughters were born. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. Nothing contained in the articles should be construed as business, legal, tax, accounting, investment or other advice or as an advertisement or promotion of any project or developer or locality. Coparcenary property ancestral or self-acquired property. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property.
The coparceners obtain a right by birth over the coparcenary property. This disparity was removed by an amendment that came into force on September 9, 2005. The Karnataka High Court had held that daughters would be entitled to equal share even if father had died prior to September 9, 2005, when litigations over partition were pending in courts. Read the detailed story here. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters.
Daughter can now sell her share in the coparcenary property to another party. It was held that according to Section 6 of the Act ,when a coparcener dies leaving behind any female relative specified in Class I of the Schedule to the Act which includes a daughter , his undivided interest in the Mitakshara coparcenary property would not devolve upon the surviving coparcener by survivorship but upon his heirs by intestate succession. Your father and mother can during their life time make a will of their property. In view of aforesaid, you have equal rights in your ancestral property and hence you can file a suit of partition seeking your share of portion in the said property. Property Rights Of Daughters In India IamCheated. Parts of this Act were amended in 2005 by the Hindu Succession Amendment Act, 2005.