Daughters Rights on Property after or before marriage | FindYourAdvocate

What are the rights of a daughter on property in India?

Daughters Rights on Property after or before marriage | FindYourAdvocate


"Once a daughter, always a daughter. A son is a son until he is married. This was quoted by the Supreme Court on August 11, 2020 in a landmark ruling in the Vineeta Sharma vs. Rakesh Sharma case. The Supreme Court reimagined the property rights granted to a daughter over her father's property, ruling that daughters have equal joint ownership rights to Hindu undivided land (HUF), even if they were before the 2005 Hindu Inheritance Law amendment were born. It took a long time to get that far and everything started in 1956. 

The Hindu Succession Act of 1956, which was based on the Hindu Mitakshara school, regulated the inheritance and inheritance of property for Hindus, but only granted these succession rights and inheritance to the Hindus. Men as legal heirs. Under the Hindu Undivided Family (HUF), co-ownership is what a Hindu has inherited from his or her father or grandfather or great-grandfather. They couldn't inherit the property. 

The 1956 Act was amended in 2005, amending Section 6 to equate a co-owner's daughter as a co-owner-born co-owner with the rights and obligations that she might have if she were a child. applies only to ancestral property and not to property by will. After the 2005 amendment, many questions arose, including whether the daughters' rights depended on the father being alive at the time of inheritance. Supreme Court in Various Cases One of the cases discussed was the Prakash v. Phulwati (2015), in which it was stated that the daughters would have no rights to the partner's property if the father (partner) had previously died, September 9, 2005. 

The question asked for Section 6 remained in the Prakash v. Philwati unanswered. One of the cases discussed was Prakash v. Philwati (2015) in which it was stated that the daughters had no right over the coparc. Assets if the father (coparcener) died before September 9, 2005.The issue raised for Section 6 was settled in Prakash v Phulwati, but the Supreme Court brought it up again in Danamma v Amar (2018), where the Supreme Court ruled that while the lawsuit was filed in 2002, the provisional decree was Approved in 2007, giving the daughters the right to property under the 2005 Amending Act. 


In this case, the Supreme Court relied on Ganduri Koteshwaramma and Anr Chakiri Anadi and Anr in reaching its verdict. (2011), which argued that a jointly owned daughter's right is not forfeited simply because a preliminary decree was approved in the divisional lawsuit, a Supreme Court ruling contradicting the Prakash v Phulwati ruling. Court dated September 9, 2005 in Prakash v.Phulwati noted that either the daughter has rights to common property or not, depending on the date of the father's death. If a father is born after the 9th. In Vineeta Sharma's recent judgment against Rakesh Sharma, the court ruled that a Hindu woman has the joint right to a legal heir or co-ownership from birth and does not depend on whether the father is alive or not. no, which nullifies Prakash's verdict against Phulwati

The Supreme Court also ordered all superior courts to resolve pending cases within six months. Without the appropriate documents, it will not be recognized as a legal form of division and if a property was already written in the name of an heir before the amendment law, the woman cannot assert any rights. The ruling made a strong mark in being a gender equality achievement, but it has also taken nearly 15 years to reach it since 2005. equal property rights and has eliminated male supremacy and dominance over ancestral property among Hindus. This choice is a blessing for the women of those families who lack economic resources and who are being displaced by the male family members. 

This groundbreaking ruling is a very progressive step towards equal property for Hindu women, but it still does not guarantee that Indian families will grant these property rights to the women in their family as we all know the patriarchal nature of society. which is ingrained in families' minds to pass their ancestors on to their children or male heirs, hence it is possible that most families could have theirs.

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