Hindu daughters right on fathers self acquired property?

252 votes

The Hindu Succession Act is an act which deals with the laws relating to disposition of property of a person among his/her legal representatives. As per the Hindu Succession Act 1956, the property rights of sons and daughters were different. Earlier, the sons had complete right over their father’s property whereas daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become a part of her husband’s property.

On 9th September 2005 there were some changes that were made to the Act/law. These changes gave to the daughters, equivalent rights and liabilities as that of the sons in the property of their father, whether ancestral or self-acquired. As per this revision, a daughter whether married or unmarried is entitled to her father’s property.  All daughters born on, before or after 9 September 2005, when the amendment was carried out, have the same rights to the father's self-acquired property as the son. In other words, the daughters are also coparceners since birth, just like the sons.
 

Will the daughter be eligible for a share in father’s property if the father died before the amendments/changes made in 2005? 

If the father has died before 2005, the daughter would have no right over the ancestral property, while the self-procured property will be dispersed according to the father’s Will if any. When the property has been self-acquired by the father, then he has the right to ‘gift it’ or ‘Will it’ to anyone he wishes. But in case, the father dies without leaving a Will, the legal representative i.e. the daughter and the son will get equal share in the property.

When can the daughter claim her share in her father’s self-acquired property?

The Hindu Succession Act also states that till the time the father is alive, a daughter will only be entitled to maintenance out of the property of the father and not any share in self-acquired property. But after the death of the father, if the father has left a Will then the daughter will get the share that the father has passed on to the daughter and if the father did not leave any will then as per the law of distribution of property, the daughter will get equal share as the son.
 

Will a Hindu daughter be eligible for a share in self-acquired property and if yes, what is the share of the daughter when 12 acres of property is to be distributed among the daughter and two sons?

As per the facts of this question,  the parents died in the year 1985, leaving the 12 acres property to be distributed among daughter and two sons. The property is self-acquired property of the father and as nothing about father’s Will has been mentioned (and considering that he did not leave any Will), the property will be distributed equally among the daughter and the two sons. Therefore, the daughter will be entitled to her share in the property. The share of each one will be one third i.e. each one will be entitled to 4 acres of property.

LawRato LawRato

522 votes

Incase your father did not leave a will, then chances are bleak that you will inherit anything. In view of recent supreme court judgment of Prakash & Ors v. Phulvati & Ors, the amendment of 2005 is applicable if the father was alive at that time. The amendment is not retrospective in nature. However there are other legal remedies and more facts are required to ascertain the same.

Advocate Shubham Shanker Saxena LawRato

826 votes

The law of succession provides for equal rights to girl child/daughters in matters of succession after the year 1956 with respect to self acquired properties of the deceased. It further provides that all self-acquired properties of a male Hindu dying intestate (i.e. Without a Will) shall devolve upon its class I legal heirs, including daughters, in equal shares. The self-acquired properties of a female Hindu dying intestate (i.e. Without a Will) shall devolve firstly upon her sons, daughters and husband in equal shares.

In view of your specific query, assuming that the property was owned either by your father or your mother or jointly, and that you and your 2 brothers are the only surviving class I legal heirs then in such a case you all are entitled to 1/3rd undivided share in the property.

Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.

Advocate Puneet Kumar Agarwal LawRato

905 votes

As per Hindu law every daughter has equal rights in the property of her father and mother after death of father and mother. in your case your father has died in 1985 hence you have one third share in your father's property.

Advocate Rajesh Kumar LawRato