Property Laws: The Supreme Court has repeatedly clarified that a girl born in a Hindu family gets an equal share in the father’s property from birth. The court says that…
For a long time, daughters were excluded from their father’s property in Indian society. Traditional thinking believed that family property would be divided only among sons, and daughters had no rights over it. However, changing times and legal reforms have completely changed this situation. Now, daughters, whether married or unmarried, have equal rights over their father’s property. But let’s understand what Indian law says about this.
What does the law say?
The Hindu Succession (Amendment) Act was enacted under the Indian Constitution in 2005. This law equalized property rights between daughters and sons. After the amendment, daughters got the same rights over their father’s property that sons had earlier. This clearly means that if a father owns the property and has a daughter and a son, then both will get equal shares. Even a married daughter cannot be deprived of her rights.
Supreme Court opinion
The Supreme Court has repeatedly clarified that a girl born in a Hindu family gets an equal share in the father’s property from birth. The court says that the marital status of the daughter does not affect her rights. This law applies not only to Hindus but also to the Buddhist, Sikh and Jain communities.
When will this right not be granted?
However, there are some circumstances when a daughter cannot claim her father’s property. If the father prepares a will before his death and does not include the daughter’s name, the daughter loses the right to claim the property. A will is legally valid, and only those named in it have rights over the property.
