The Property Rights: Where do DAUGHTERS stand?

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In the initial times almost in every country, the women were treated as inferior to the men, no matter the concern, and India was no exception. There always has been this discrimination between men and women and so are in them getting their rights. Even the rights were existed not entitling the own full-blood daughters in the property of any kind which was later on in the year 2005 was amended.

The Hindu Succession Act, 1956: The De Facto

Since the old Hindu Law stated that only a Coparcenary (a co-heir) has the right in the property, and in HUF a woman was having no right to be a co-heir (According to Hindu Law it is only a male can lead the family, and was entitled to be the heir). Also, shares cannot be claimed until the partition happens.

The daughter as legal heirs: The Amendment Act

In 2005, then came an amendment in the act to the initial one, named “The Hindu Succession (Amendment) Act, 2005” which made the daughters a co-heir entitling them

  • will be co-heir having right in the same manner as a son
  • the right would be having as she would have had if had been a son
  • will be subject to the same liabilities in respect of the said property as that of a son.
There’re clauses had been made in the case of ‘Hindu Undivided Family’ or of any ‘Deceased person’ in HUF. And also entitle sons not to get any of the portions in the name of the debt from the father.

Landmark cases leading to clarification of Section 6 of Hindu Succession (Amendment) Act, 2005

In 2015, the judgment in the Prakash v. Phulavati case, a two-judge bench had held that if the coparcener (father) had passed away prior to 9 September 2005 (the date on which the amendment came into effect), his daughter would have no right to the coparcenary property.

However, in 2008, in the Danamma v. Amar case, another two-judge bench had held that the two daughters in this matter would get a share in the property, even if their father had passed away in 2001.

These contradicting decisions of both the cases created confusion among people regarding a daughter's share in the parental property, but this was solved in Vineeta Sharma vs. Rakesh Sharma & Ors, in 2018 as it held that even if the father is not alive on the 9th November 2005 or died on or before the date of the amendment, the daughters will be the coparceners and have the birthright over the ancestral property.

Inheritance rights of daughter in different faiths

Faith

Comes under which Act

Daughter’s share of the property

Buddhists, Jains, and Sikhs

The Hindu Succession (Amendment) Act, 2005

Daughters have an equal share of the parent’s ancestral property as a son whether she is married or not.

Muslims

Muslim Personal Law (Shariat) Application Act, 1937

A daughter receives only half of the share of a son.

Christians, Parsis, and Jews

The Indian Succession Act, 1925

She inherits equally with her siblings from her father’s estate or her mother’s.

Conclusion

Looking at all the Succession laws prevalent in India, it is clear that the lawmakers have tried to protect the interests of not only daughters but of a wife and mother as well, who are at present legally entitled to get some share in the property of their loved ones. Though our judiciary has made it possible for the women to claim their inheritance rights, it is on us, the women, to be not just aware but proactive in exercising our rights and demanding what legally belongs to us. Awareness of rights and the courage to claim them are the only weapons that can help the women in combating any injustice that is meted out to them at work, at home, or in society at large.

Let us know in the comment section your views regarding these amendments.

References:

  1. http://egazette.nic.in/
  2. https://www.legalkart.com/legal-blog/know-about-daughter's-right-in-parental-property
  3. https://evaw-global-database.unwomen.org/en/countries/asia/india/2005/the-hindu-succession-amendment-act-2005
  4. https://www.indiacode.nic.in/handle/123456789/1713?sam_handle=123456789/1362
  5. https://economictimes.indiatimes.com/wealth/legal/will/inheritance-rights-of-hindu-muslim-christian-women-are-not-the-same/articleshow/90067981.cms
  6. https://blog.ipleaders.in/daughters-right-property-depth-study-explained-landmark-judgements/?amp=1
  7. https://taxguru.in/corporate-law/rights-women-hindu-muslim-christian-property.html
  8. https://bit.ly/3El4xG9

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