There is no denying the fact that as a society, we have to struggle hard to establish the fact that a son and daughter need to be treated equally. Indeed, we may have to go a long way to acquire that mentality.
When there is a lack of basic understanding when treating both the sexes equally, the distribution of property among the children and the right of a daughter over paternal property is a question that’s frequently asked. In this article, we aim to answer this question and the implications of the laws related to this issue in India.
The Hindu Succession Act, 1956
The Hindu Succession Act, 1956, which also extends to Jains, Sikhs and Buddhists underwent a major amendment which drastically impacted the rights of daughters concerning their claims to parental property.
The Amendment Of September 5, 2005
After the amendment of September 5, 2005 (which came into force on September 9, 2005), married daughters now have an equal right to their parental property as opposed to the situation previously, where she did not have any rights to maintenance money or her piece of share after being married.
This amendment also noted that the daughter had equal rights on the property irrespective of her date of birth, as long as she was alive on September 9 2005, when the amendment came into force.
However, this right is applicable only in the case of parental or ancestral property. If any property gifted by the parent figure to any of their siblings, other can’t claim a share in it.
The Delhi High Court Ruling, December 2015
Recently, the Delhi High Court also ruled and gave a decision that a daughter can be a karta in a Hindu Undivided Family (HUF). It is important to note that before this ruling, only men could be the karta and ask for the partition of the property. Owing to this decision, the whole scenario has changed as the daughters too can now have equal rights on the property and can ask for its partitioning.
It is interesting to note that when alive, a daughter cannot gift her share of HUF property to anybody else. She can only pass it on by way of a will. If, in case, a will is not prepared at the time of her death, the property gets passed onto her legal heirs.
We hope this article sheds some light on this legal query. The easiest way to keep updated with all such material is to sign up on EasyAdvocacy today. Do not forget to like us on Facebook and follow us on Twitter, LinkedIn, and Google+.
_
Featured image used for representative purposes only.