Understanding Property Rights in India : What Sons and Daughters Are Entitled to ?

Introduction

There have been many changes in the law regarding property rights in India. Whereas earlier daughters did not get equal rights in their father’s property, now after the amendment in the law, daughters have started getting equal rights as sons. Today we will tell you what rights the son and daughter have in their father’s property under Indian law. The Hindu Succession Act 1956 underwent a significant amendment in 2005. After this amendment, daughters started getting equal rights in ancestral property as sons. Before this, only sons had full rights in their father’s property. Daughters had property rights only until marriage. After marriage, they were considered part of the husband’s family.

Rights of Son and Daughter in Father’s Property

In India, both son and daughter have equal rights on father’s property. The Hindu Succession Act, 1956 and its amendment of 2005 have given equal rights to daughters as well. Earlier, daughters could claim father’s property only till marriage, but now this rule has changed.

Types of Property

Father’s property is of two types :

• Self-acquired Property : Property which the father has acquired himself.
• Ancestral Property : Property which is passed on from generation to generation.

Son and daughter have different rights on both types of properties.

• Rights of Sons

Sons have always had rights over both ancestral and acquired properties of their father.

If the father dies without a will, then the son is the legal heir.

If there is a will, then the son will be entitled to only that much share which is written in the will.

• Rights of Daughters

After the amendment of 2005, daughters are also equal shareholders in the ancestral property.

Married daughters can also now claim their father’s ancestral property.

If the father has made a will, then the daughter will get that much share which is written in the will.

Hindu Succession Act and Amendment of 2005

An important amendment was made in the Hindu Succession Act 1956 in 2005.After this amendment, daughters started getting equal rights as sons in ancestral property. Earlier only sons had full rights in father’s property. Daughters used to get property rights only till marriage. After marriage, they were considered part of the husband’s family. Family Vacation Package

The amendment made in the Hindu Succession Act in 2005 strengthened the rights of daughters. The main points of this amendment are:

• The daughter will also be considered a member of the Hindu Undivided Family
• The daughter will also be considered an equal share in the father’s property
• Both married and unmarried daughters will get equal rights
• The daughter can also become the Karta of the Hindu Undivided Family
• The daughter will also get the right to divide the property
• Rights of the daughter in ancestral property

Property Rights According to Different Religions

India is a diverse country where people of different religions live. Therefore, the rules of property are different according to every religion.

Rights of a Child in Father’s Property after Divorce in India

Divorce does not affect the rights of a child in their father’s ancestral property. A child may be excluded from their father’s ancestral property if there is a will that excludes them from inheriting such ancestral property. A father’s self-acquired property is his sole possession, affording him the liberty to dispose of or transfer it as he sees fit. It’s important to note that a child does not inherently possess a claim to their father’s self-acquired property. Typically, such property is inherited through parental bequest. However, in the event of the father’s demise without a will, the child may rightfully stake a claim to a portion of the self-acquired property. Importantly, the child’s entitlement to the father’s property in cases of divorce depends upon the existence of a will made by the father.

Important Decision of Supreme Court

The Indian court has given many such decisions from time to time which have been in favor of daughters. Some of the major decisions are as follows:

Vineet Sharma vs Rakesh Sharma case (2020) : The Supreme Court clarified that the 2005 amendment would be retrospective.

Prakash vs Phoolwati case (2015) : The court said that if the father has died before 2005, then the daughter will not be entitled to the ancestral property.

Supreme Court gave an Important Decision :

• Daughter’s rights will apply even if father is alive
• Daughter’s rights will not depend on the date of father’s death
• Daughter’s rights will apply even before the 2005 amendment

Importance of Will & Benefits of Making a Will

If the father makes a will regarding his property, it is considered the final decision. If there is no will, the Hindu Succession Act applies.

• Family disputes are reduced.
• Each member knows how much share he will get.
• The legal process becomes easier.

Conclusion

In India, both sons and daughters now have equal rights over their father’s property. This change is a big step towards bringing gender equality in society. However, there may be some variations depending on different religions and individual cases.

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