After Marriage Does a Daughter Have Rights on Property? Know the Rules
After Marriage Does a Daughter Have Rights on Property? Know the Rules
Amendments in the Hindu Succession Act ensure equal property rights for daughters, regardless of marital status.
Property division laws in India, primarily governed by the Hindu Succession Act, outline rules for inheritance and succession among Hindus, Buddhists, Jains, and Sikhs. Previously, daughters did not have rights to property after marriage. However, a significant amendment to the Hindu Succession Act in 2005 granted daughters equal rights as sons in both ancestral and self-acquired property.
Key Points:
• Property Rights After Marriage:
Before 2005, only unmarried daughters were considered members of the Hindu Undivided Family (HUF). Upon marriage, they lost their status in the HUF and their rights to ancestral property. Post-2005, marital status no longer affects a daughter’s property rights. Daughters, whether married or unmarried, are now equal heirs.
• No Time Limit on Rights:
There is no restriction or time frame after marriage within which a daughter must claim her property rights. These rights are perpetual and remain unaffected by her marital status.
Categories of Property:
• Ancestral Property:
This refers to property passed down through generations. Both sons and daughters have a birthright to ancestral property.
• Self-Acquired Property:
This is property acquired by the father through his own earnings. Here, the father has full discretion to will it to anyone. If he dies intestate (without a will), both the son and daughter become equal heirs under the law.
The amendment in the Hindu Succession Act has ensured equality in inheritance laws, allowing daughters to claim their rightful share in property, regardless of their marital status or the time elapsed since their marriage.
