Right of married daughter in ancestral property

Women have always been taken as dependant beings, even for finances- be it on father, husband, or sons. This has caused and is the root of a lot of hardships for females. Women are forever fighting and struggling for their rights, even in case of their own father’s properties.

It is only after the amendment in 2005, (of the Hindu Succession Act, 1956), that the daughters received coparcenary rights (rights in ancestral property).

Before this amendment in the law, property rights for sons and daughters were different and sons had a right in share of property as coparceners. Daughters were only members of the Hindu Undivided Family (HUF) but did not have any rights as coparceners which means that males could ask for partition of the property and get shares. The daughters (and mothers who are only members) had a right of maintenance from the HUF property along with a right of share in property of the HUF as and when the partition took place. However, after her marriage, her rights as a member of the HUF (of her father) would terminate and she will cease to have rights of maintenance and right to share in property of the HUF in case the partition took place after her marriage. It was also the case that females did not have any right to become a Karta of the HUF in order to manage affairs.
 

Rights to property of Married Daughters after the Amendment in 2005

After the much needed amendment in 2005, daughters are now at par with the sons for coparcenary rights in the HUF Property. With this, the daughters get all coparcenary rights including the right to be a Karta and also ask for partition of the HUF.

Married daughters have certainly benefited after this amendment as they continue to be coparceners even after their marriage. This entitles a married daughter to ask for partition of the HUF property along with rights of being a Karta if she is the eldest coparcener of her father’s HUF.

Even after the married daughter’s death, her children have a right in the share of property that she would have received if she was alive on the date of partition. If no child of such married daughter is alive on the date of partition, the grandchildren will be entitled to shares that such daughter would have received.

Daughters, including married daughters have right over property of the father (ancestral or self acquired) if he passes away without a will. So in your case, you have full right to your share of your father’s property. Your brother is wrong in saying that you do not. You can claim equal percent of the share. If your brother does not agree, you can file a suit for partition in the Court with the help of an experienced lawyer.
 

Rights of Inheritance if the Married Daughter was born or Father died before 2005

It does not matter if the daughter was born before or after 9^th September 2005 that is the date when the amendment to the Hindu Succession Act was carried out. A daughter will have same rights as that of a son at the time of partition. However, if the father has died before the 2005 amendment was carried out, the partition of the ancestral property will be done as per the father’s will and the daughter will not have a right in the property.
 

How can a Lawyer help you in Family Partition?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding dispute related to family property. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable you to determine your legal recourse.

An experienced attorney can give you expert advice on how to handle your property issue owing to his years of experience in handling such cases. A property lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney you can ensure avoiding delay and can get your share in the property as quickly as possible.