What are the Property Rights of Daughter?

Hi, Buddy,

I have recently helped one of my friends who was not given any share of her ancestral property, because she was a daughter. It is very undermining, hence, I went to her rescue as I helped her to gain knowledge about the property rights of daughter. I educated her about the fact that a daughter has the same rights to acquire, possess, and dispose of property as any other man. 

Today, the legal rights of married daughter in father's property means that a woman's ability to acquire, hold, and dispose of her property is essentially unrestricted. Daughters are entitled to an equal share of their father's self-acquired as well as ancestral property. Since the Supreme Court judgement in 2005, daughters have become coparceners. As a result, they enjoy equal rights to all property, including farmland. Both men and women are capable of owning and managing their own property. Property rights are restricted in the same way for both men and women. As a result, today's daughters have nearly comparable property rights as sons.

My friend was married and was perplexed about the law. I helped her understand that, a daughter will no longer be a member of her parents' HUF after marriage, although she will remain a coparcener. As a result, if she is the eldest coparcener of her father's HUF, she has the right to request partition of the HUF property and to become the Karta of the HUF.

According to the right of married daughter in ancestral property, even if a married daughter dies before the partition, her children are entitled to the shares she would have gotten if she had been alive at the time of the split. The grandchildren will be entitled to the shares that the daughter would have received on partition if none of her children are living on the day of partition.

Surprisingly, the property rights of married daughter in India also considers that the daughter cannot give up her portion of the HUF property while she is alive, but she is perfectly capable of doing so through a will. If she dies without leaving a will, her portion of the joint property will transfer to her legal heirs rather than the other members of the HUF.

Supreme Court ruled that the daughters of a male Hindu who died intestate would be entitled to inherit the self-acquired and other properties earned in the father's partition and would have priority over other family members. The decision, which came after an appeal from the Madras High Court, dealt with Hindu women's and widows' property rights under the Hindu Succession Act.

I hope this answer suffices your query of property rights of daughter. It is imperative for all the girls out there to educate themselves about the daughter’s right on father’s property.

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