Many families in india are often confused about property rights, especially when it comes to daughters. A common question arises: Does a married daughter have the same right as a son in her father’s property?
The answer, according to Indian law and the Hindu Succession Act, is yes—marriage does not affect a daughter’s inheritance rights.
Legal Position Under the Hindu Succession Act
Equal Rights for Sons and Daughters
In 2005, the Hindu Succession (Amendment) Act was enacted.
It granted daughters the same rights and liabilities as sons in ancestral property.
A daughter, whether married or unmarried, has equal share in her father’s property.
Marriage Does Not Affect Property Rights
A daughter’s marital status is irrelevant under the law.
She does not lose her right to inherit property even after getting married.
Type of Property
Self-acquired property of the father: A daughter can claim her legal share if her father dies without a will.
Ancestral property: She has an equal coparcenary right, just like sons.
Rights in the Coparcenary
A daughter is considered a coparcener, which means she can demand partition, manage, and sell her share in ancestral property.
She also has rights in ancestral property even before her father’s death, unlike previously when only sons had this right.
Common Misconceptions
“Married daughters lose inheritance rights” – False.
“Only sons can demand partition” – False. Married or unmarried daughters can also demand partition and get their share.
“Gifts or marriage expenses reduce a daughter’s share” – False. Any gifts given at the time of marriage are considered separate from inheritance unless specified otherwise in a will.
How Daughters Can Claim Their Property
- Mutual Family Agreement: Families can divide property amicably through consent.
- Legal Partition: If disputes arise, a daughter can file a legal suit for partition in civil court.
- Through Will: If a father leaves a will, the property will be distributed as per the will.
Conclusion
Under Indian law, a married daughter has equal right to her father’s property, whether it is self-acquired or ancestral. marriage does not affect her claim. This ensures gender equality in inheritance, empowering women to have full legal and financial rights in the family property.
Disclaimer:
The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency, organization, employer, or company. All information provided is for general informational purposes only. While every effort has been made to ensure accuracy, we make no representations or warranties of any kind, express or implied, about the completeness, reliability, or suitability of the information contained herein. Readers are advised to verify facts and seek professional advice where necessary. Any reliance placed on such information is strictly at the reader’s own risk.
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