Property rights of daughters and daughters-in-law in India vary from the conditions of coparcenary to self-owned property. And the implication of the right changes over the different scenarios. Read this article to know more about the property rights of both daughters and daughter-in-law, an update on Hindu Succession Act, 1956, and the supreme court judgment.
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Property Rights of Daughters As Coparcener
A coparcener is an individual with a joint share with others in an inheritance.
As daughters are considered as a coparcener now, the below-mentioned are the daughter’s property rights in an ancestral property:
- The share will be provided in the HUF property by birth.
- Seek partition in a HUF property
- If she is the elder one in the coparcener then she will become the Karta
Property Rights of Daughters-in-law
HUF allows the daughter-in-law to consider as a member of HUF but not as a coparcener.
The daughter-in-law will acquire the rights to HUF property in her husband’s HUF property share. But with conditions as follow
- The husband transferred the share by will
- Provided after the demise of the husband
The daughter-in-law can never claim rights over the property that legally comes under her in-laws. And such kind of properties will not be legally considered shared property.
If the mother-in-law is deceased then her share will be equally provided to her children. And daughter-in-law will get a share of her husband’s share itself.
Property Rights of Daughters – Self-Acquired Property
If the property is self-occupied by the father or mother then the son or daughter will have no birthright over that property.
If the parents died without stating a will over the property transfer to their son or daughter then the property transfer will be done as per the Hindu Succession Act, 1956.
Then as per the Hindu Succession Act of 1956, the daughter will have equal rights along with the son or other legal heirs.
You can check-out the Hindu Succession Act, 1956 to know more about laws regarding property rights for daughter and daughter-in-laws
Property Rights of Daughters-in-law – Self-Acquired Property
The daughter-in-law will never have the right over the self-owned properties of her in-laws.
However, the daughter-in-law can have a share over her in-law’s property only under her husband’s share over that property.
As continuous changes over the inheritance laws over the property, the daughters are getting an equal share as the son.
So, the daughter’s right over the property of both coparcenary and self-acquired property is legal.
Whereas, the daughter-in-law can only have a property share over the husband’s share. But she will not have legal rights to self-owned properties of her in-laws.
Latest Changes in Hindu Succession Act, 1956
In 2005, after a few modifications over the Hindu Succession Act, daughters were given similar rights as coparceners for property.
But there were various misconceptions regarding these changes in the act. One of the major confusion among the people was these conditions will not be for the cases before 2005.
Later on August 11, 2020, the supreme court states that the daughter will have similar rights as the coparcener under the Hindu succession act.
And this is applicable irrespective of the date of the law proposed.
The daughter will have coparcenary rights from her birth.
This rule will imply even if the father was deceased before the law modification made in 2005.
Even after the marriage of the daughter, the coparcenary right will be applicable.
Latest Supreme Court Update on Property Rights
During the modification of the Hindu Succession Act, of 2005, it was specified that daughters can seek the share only if the father was deceased after September 9, 2005.
Whereas, the Supreme court recently clarified that irrespective of the year of the father’s death, the daughter’s coparcenary right will be the same for the ancestral property.
Further, the Supreme court clarified that if the daughter died earlier than the father then her children can seek and claim those shares of ancestral property.
For the father’s self-owned property, the father will decide to whom he wants to give the property share.
If the father died without mentioning the will then the property will be equally separated among the legal heirs. And legal heirs include the daughter as well.
FAQs
| What are the benefits of property rights to a daughter as a coparcener?
The property rights of the daughter as a coparcener benefit them in gaining a share in the HUF property by birth and seeking partition in a HUF property. |
| What are the property rights of daughters-in-law?
The daughter-in-law can acquire the rights to HUF property in her husband’s HUF property share |
| What are the daughter’s property rights over the self-acquired property?
In case the property is self-occupied by the father or mother then the son or daughter will have no birthright over that property. So the property rights will be provided based on the will stated by them. |
| What is the recent judgment of the supreme court over the daughter’s property right?
The supreme court recently clarified that irrespective of the year of the father’s death, the daughter’s coparcenary right will be the same for the ancestral property. |
| What was the latest modification in the Hindu Succession Act of 2005?
The latest modification in the Hindu Succession Act of 2005 stated that daughters will have coparcenary right from birth and even after the marriage, coparcenary rights will be applicable. |
| Can a daughter seek partition over her ancestral property?
Yes. The daughter has the authority to seek partition and sale of her portion of an ancestral property similarly to the son. |
