What is the right of a married daughter on Father's property?Everything you need to know!

There is no denying of the fact that we as a society have to struggle hard to establish the fact that a son and daughter need to be treated equally and we might have to go a long way to achieve that mentality. When there is lack of basics while treating both these sexes equally, the distribution of property within amongst the children and the right of a daughter over paternal property is always a question asked. We aim to discuss this exact question and the implications of law related to the same in India.

Hindu Succession Act, 1956

The Hindu Succession Act, 1956 which extends to Jains, Sikhs, and Buddhists along with Hindus underwent a major amendment which drastically impacted the rights of daughters in the parental property.

Amendment 9th September 2005

After the amendment of 9th September 2005 which came into force, married daughters now have an equal right in the parental property as opposed to the previous situation where she did not have any rights to maintenance or share after being married.

This amendment also noted that the daughter had equal right on the property irrespective of her date of birth as long as she was alive on 9th September 2005, when the amendment came into force.

However, this right is on the parental or ancestral property only and any property gifted by the parent to any one of the siblings; other can't claim a share in it.

Delhi High Court Ruling, December 2015

Recently the Delhi High Court also ruled and gave a decision that a daughter can be a karta in a Hindu Undivided Family. It is important to note that before this ruling only male members could be karta and ask for partition of the property. Owing to this decision it changes the whole scenario as the daughters too can now ask for partition and have equal rights on the property.

It is interesting to note that while being alive a daughter cannot gift her share of HUF property and can pass it only by way of a will. If in case a will is not prepared at the time of her death, the property gets passed onto her legal heirs.

We hope this article sheds some light on this legal query. The easiest way to keep updated with all such material is to sign up on EasyAdvocacy today. Do not forget to like us on Facebook and follow us on Twitter, LinkedIn, and Google+.