Since the 2005 amendment, marriage does not affect daughters’ rights to their father’s property.
As per the laws, in 2005, an amendment was made to the Hindu Succession Act of 1956, which granted daughters a legal right to an equal share in their father’s property.
In India, daughters have equal property rights as sons under the Hindu Succession Act of 1956, but discrimination between boys and girls in terms of inheritance persists in many families. Some parents continue to favour 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 do not have any entitlement to their father’s assets. There is a notable lack of awareness among the populace concerning the legal provisions governing the property rights of daughters concerning their fathers.
There exist well-defined legal regulations in India concerning the inheritance rights of daughters, specifying the scenarios where they are ineligible to claim a portion of their father’s estate. In this context, we will elucidate in this article the legal provisions governing the entitlements of daughters regarding their father’s property.
As per the laws, in 2005, an amendment was made to the Hindu Succession Act of 1956, which granted daughters a legal right to an equal share in their father’s property. As per this law, daughters have the same rights as sons on their father’s property. The amendment made in 2005 further strengthened the rights of daughters and cleared any confusion about their entitlements.
Under what circumstances is a daughter unable to claim her father’s property? If the property in question is self-acquired, a daughter’s claim is less strong. If a father has purchased land with his funds, built a house, or acquired property, he has the legal right to gift it to whomever he chooses. This implies that if a father declines to give his daughter a portion of his property, she cannot take any action to challenge this decision.
What does the law say when a daughter is married?
Before 2005, the Hindu Succession Act only considered daughters as members of their father’s Hindu Undivided Family (HUF) and not as equal heirs to ancestral property. However, since the 2005 amendment, daughters are now recognised 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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