Daughter’s Right in Father’s Property: Many laws have been made for daughters in India. But old traditions are still going on in the society. At the social level, only the son gets the first right on the father’s property.
After the daughter gets married and goes to her in-laws’ house, it is said that her share in the property has been extinguished. In such a situation, the question is whether a married daughter can claim ownership rights over her father’s property?
In India, laws have been made regarding distribution of property. According to this, not only the son but also the daughter have equal rights in the father’s property. Whether the daughter is married or unmarried. He also has the same right on his father’s property as the son. However, there is lack of awareness regarding this among women. Due to lack of awareness, daughters are not able to raise their voice when the time comes. Therefore, girls need to be aware of their rights and they should be legally aware of all their rights related to property.
Can a married daughter claim her rights on her father’s property?
Can a married daughter claim her rights in her father’s property? The answer is yes, a married woman can claim her rights in her father’s property. After the amendment of the Hindu Succession Act, 1956 in the year 2005, the daughter has been considered as co-heir. Now the daughter’s marriage does not change her rights over her father’s property. That means, even after marriage, the daughter has rights over her father’s property. According to this, the daughter has as much right on her father’s property as the son.
When can a married daughter not claim her rights on her father’s property?
If the father transfers his property to his son before his death, then the daughter cannot claim her father’s property. Also, in case of self-made property, the daughter’s position is weak. If the father has bought land, built or purchased a house with his own money, then he can give this property to anyone he wants. It is the legal right of the father to give the property created by himself to anyone as per his wish. If the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.
What does the law of the country say?
In the year 2005, by amending the Hindu Succession Act, 1956, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on her father’s property as the son. Strengthening the rights of daughters, the 2005 amendment to this succession law ended any doubt about the rights of a daughter over her father’s property.
