Property rights of a daughter under the Hindu succession act 2005.
In a landmark judgment passed by the supreme court on August 11. 2020, daughters will now have the coparcenary rights on their father’s property, even if the latter died before the Hindu succession (amendment) act, 2005. The SCs observation is not just a relief for many in terms of clearing the air but also empowering the daughters of India for their birthrights over ownership of property.
The issues regarding equality and several rights for women in our country have not only been debatable but also extremely controversial. The judgment passed by the supreme court over the ownership of daughters over their ancestral property has not just set a benchmark towards equality for women but has also enhanced their rights as equal members of the family.
The judgment, which was delivered by justice A.K.Sikri and Justice Ashok Bhushan on February 1, 2018, clearly stated that under the Hindu succession (amendment)act, 2005, a daughter is a “coparcener,” which means someone who has equal rights on the inheritance of an undivided joint family property since birth. According to this law, the marriage of the daughter by no means jeopardizes her claims on the family property, and she has equal shares over it.
The Hindu succession amendment act 2005
The sole purpose of this act was to remove gender-based discrimination, which is being done among the members of the same family. This right has not just demolished the existing laws which stopped a woman from claiming any rights on the house of her father but also put a stop to the male relatives in the homes claiming the total share.
Property rights of a daughter before 2005
Before this judgment was passed, the Hindu daughters did not have any rights on their parental properties. Once married, they assumed that they have no share or privileges on the property of their father’s lands. In other words, prior to her marriage, the daughter is not to be a coparcener and merely a member who is not to be among the line of descendants only based on their genders.
Daughters right to property after 2005
With Section 6 of the Hindu succession act, 1956, daughters have now been made equals with the sons. Now they too can have and claim their equal rights on the subject of coparcenary as far as the HUF properties are concerned. With this law coming in action, they now don’t just have the right to demand a partition of the property and become a Karta of the HUF.
It is very interesting to note here that only daughters who are part of the family by birth can claim these rights. All the other women who are a part of the family by being married into the family are not entitled to ask for partition, even though they can be allotted the shares and the maintenance when the partition occurs.
Married daughters right to property under the Hindu succession amendment act 2005
According to the judgment passed by the supreme court, after marriage, the daughter will no longer be a member of her parental HUF, even though she can still practice her rights as the coparcener. Even after marriage, she will still be entitled to ask her share in the property, and even become a Karta of the HUF, is she is the firstborn of the family.
In cases where the daughter of the family is dead, her children will be automatically entitled to claim the share that would have been hers. In case even the children are not living, the grandchildren will have all the rights to claim the property share.