Recently, one of my friends asked can a married daughter claim father's property. I researched a bit and found that under the Hindu Succession Act, 2005, daughters, both married and unmarried, are accorded the same inheritance rights as sons in their father's property. I have shared more information about the daughter’s rights to the father’s property below.
Can Daughter Claim Father's Property After Marriage in India?
Yes. This applies whether the property is ancestral or self-acquired, provided the father died intestat
e(without leaving a will).
Your marriage status has no bearing on your entitlement, as clearly stated by the Supreme Court and legal experts. Your right remains intact despite being married.
If the father passes away without a will, the property is divided equally among Class I heirs, which include the widow, sons, and daughters, irrespective of whether the property is ancestral or self-acquired.
In ancestral property scenarios, daughters become coparceners by birth with rights identical to their brothers and have the legal capacity to initiate a partition suit or claim their share.
A married daughter does have an equal claim to her father’s property, just like her brothers, and marriage does not diminish or nullify this right.
I hope your query has been solved.
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The rights of daughters in their father’s property have always been debatable. Before, the laws prohibited the daughters from inheriting the father’s property. Only sons had a right to be a coparcener in ancestral properties and were entitled to be a successor in their father’s property. However, the times and laws have changed now. Let’s read about the share of married daughter in father's property.
Can Married Daughter Claim Father's Property?The dependability of women for financial resources, be it on husband, brother, or father over the years, have been one major reason for hardship for women. This is the reason why the Hindu Succession Act was amended in 2005 to give equal rights to the daughters with regards to property inheritance rights.
Before this amendment, a daughter used to stop being a part of her father’s HUF after her marriage. However, the amendment specified that all daughters, whether unmarried or married, are considered a member of their father’s Hindu Undivided Family and can even be chosen as ‘Karta’ of the Hindu Undivided Family. This grants daughters equal duties, liabilities, and rights which were previously limited to sons.
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Read more: Can daughter claim father's property when father is alive? Can daughter claim mother’s self acquired property? What’s the supreme court order on daughters right on father’s property?I hope now you liked my answer to your “can daughter claim father's property after marriage” query.
Can daughter claim father's property after marriage?
Manni
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2021-09-27T11:39:12+00:00 2021-09-27T17:26:35+00:00Comment
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