• Thu. Jun 8th, 2023

    Since the 2005 amendment, marriage does not affect daughters' rights to their father's property.

Since the 2005 amendment, marriage does not affect daughters’ rights to their father’s property.

In accordance with the laws, in 2005, an amendment was made to the Hindu Succession Act 1956, which gave daughters a legal right to an equal share of their father’s property.

In India, daughters have the same property rights as sons under the Hindu Succession Act of 1956, but discrimination between boys and girls in matters of inheritance persists in many families. Some parents continue to favor sons over daughters when it comes to property and assets, perpetuating a gender bias that has deep cultural roots.

A considerable number of women in India believe that they have no right to their father’s property. There is a notable lack of knowledge of the population concerning the legal provisions governing the property rights of daughters over their fathers.

There are well-defined legal regulations in India regarding the inheritance rights of daughters, specifying the scenarios in which they are not eligible to claim part of their father’s estate. In this context, we will clarify in this article the legal provisions governing the rights of daughters to the property of their father.

In accordance with the laws, in 2005, an amendment was made to the Hindu Succession Act 1956, which gave daughters a legal right to an equal share of their father’s property. According to this law, daughters have the same rights as sons to their father’s property. The 2005 amendment further strengthened girls’ rights and cleared up any confusion about their rights.

Under what circumstances can a daughter not claim her father’s property? If the property in question is self-acquired, a daughter’s claim is less strong. If a father has bought land with his funds, built a house, or acquired property, he has the legal right to gift it to whomever he wishes. This implies that if a father refuses to give his daughter part of his property, she cannot take any action to challenge this decision.

What does the law say when a girl is married?

Prior to 2005, the Hindu Succession Act only considered daughters as members of the Hindu Undivided Family (HUF) of their father and not as equal heirs to ancestral property. However, since the 2005 amendment, daughters are now recognized as equal heirs and marriage does not affect their rights to their father’s property. This means that daughters retain their rights to their father’s property even after marriage.

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