Married daughters right in father's self earned property

279 votes

The Hindu Succession Act 1956 was enacted by the Parliament of India to regulate the laws regarding distribution of a person’s ancestral or self-acquired property when he/she dies without making a Will. Earlier, only sons were made coparceners and were given rights in shares of ancestral property, whereas women were only members of the Hindu Undivided Family and could ask for maintenance out of the HUF property. Moreover, the daughters’ rights as members of the HUV would also terminate once they got married.

However, considering the gender discrimination that this legal provision was causing, changes were made in the Hindu Succession Act in September 2005, giving the daughters equal rights and liabilities in their fathers’ ancestral property as the sons. This amendment gives daughters the entitlement of equal shares in the father’s property since birth.
 

Daughter’s share in father’s self-acquired property?

In case where the property is a self-acquired property by father, the father has a right to pass on his property to any person he wants and the daughter will only be entitled to a share if father gives her a share in his Will. Where a father dies without making a Will, his property will be distributed among all his legal representatives in an equal share.
 

Whether a married daughter is entitled to a share in father’s property?

Earlier daughters had the right to enjoy the father’s property only until she was an unmarried daughter. Once the daughter got married, she lost the right to share in her father’s property and could only claim share in her husband’s property.

However, the changes made to the Act gave a right to the daughters to claim her share in father’s property even after marriage. But in case of self-acquired property of father, she will only be entitled to a share given by her father in his Will and if the father dies without making a Will then she will be entitled to an equal share, in the same way that the other legal representatives will be entitled.
 

What will be the share of married daughters in father’s self-acquired house?

In the query above, the father died without making a Will and the house of the father is a self-acquired property. The mother, daughter and two sons are currently residing in the said house. There are two elder daughters who are married. Thus, as per the Hindu Succession (Amendment) Act 2005, all five of them (including married daughters) are the legal representatives of the dead father and will be entitled to an equal share of the house.

LawRato LawRato

569 votes

If your father died intestate and there is no will then your sisters have equal right in the property. one share of each brother and sister and one share of your mother i.e., the property has to be equally divided to you, your brother, mother and two sisters. There will be five equal shares.

Advocate Pradeep Mathur LawRato

899 votes

Yes,
Daughters have equal rights as to son even if daughters are married.
They can ask for their part of share whenever they feel like and son cannot alienate or part with property without taking NOC or RD from daughter.
Feel free to have a word with me for more information.

Advocate Sahej Uban LawRato