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Daughter's Right To Property

In India, every child whether son / daughter has many rights as a legal heir/ share in the ancestral properties. Regarding their ancestral property, both sons and daughters have equal right on such property. A property could be regarded as an ancestral property only when it has been inherited by the father from his father, which mean it could be their ancestral property. It is very much necessary that, the property must be inherited from their grandfather either after the death of the grandfather or in his lifetime if the grandfather had partitioned the property.

However, Gift is different in case of ancestral property, like if grandfather has make a Gift to his father an ancestral property, that such property would not considered as their ancestral property.

Hence, here is the topic regarding the Daughter's right to property, which is also considered as coparcener as in the same way as a Son. She is also entitled to seek demand from her father's property/ ancestral property too, and also have rights to dispose the same property at her own will. From the very first day her life since Birth, she/Daughters are fully eligible to take share from her ancestral property as coparcener.

There are various personal laws (Hindu, Muslim, Christian and Parsi) as well as constitutional laws on which Daughter's have their Rights to property.

Hindu law

Section 14, Hindu succession Act, 1956 has been introduced fundamental changes in the Hindu law of women's property. Before 1956, the property of women has been divided into two heads:
  1. stidhan, and
  2. women's estate.

The Hindu women's right to property Act, 1937 conferred some new rights of inheritance on certain hindu females which had the effect of increasing the bulk of women's estate, but apart from its side repercussions on the joint family property, it did not alter its basic division of women's property into stidhan and women's estate. It is always said that daughters are the heart of the family. Once a daughter always a daughter.

Daughter's right to property after 2005- It has been about 50 years after the enactment of Hindu succession Act, 1956 ,the Government has passed the new Amendment Act, in 2005 regarding the Daughter's Right to property from her ancestral property. There will be no gender discrimination in HUF, as Daughter has fully right under this amendment regarding the property, as she is also coparcener from the birth as of son.

Section 6 of the Hindu Succession Act , 1956 has been amended which deals with coparcener's right in Hindu undivided family property (HUF),the amendment Act, 2005 canceled the survivorship rule and introduced testamentary and intestate succession.

Likewise, the son, the daughter will also have Right to property and equal liability.

Section 24 of the act,1956 which was now Repealed due to its denied of window rights into her deceased husband's property upon her re-marriage.

Muslim Law

Under The Muslim law, the inheritance of Muslim is the one of the superstructured one which was founded by the Pre-Islamic law of customary succession. It is totally based upon the patriarchal organization of the family, in which are buttressed some near cognates side by side with agnates.

The Muslim system of inheritance has been appreciated for its utility and formal excellence by all modern writers. The Islamic law of Inheritance like the rest of the Islamic personal law is a combination of pre-islamic customs and rules which was already introduced by Prophet. (PUBH).

Thus , it can be said that, there is dual basis of women's property or Muslim law of inheritance i.e
  1. Rules laid down in the Holy book QURAN;
  2. Customs and usages prevailing amongst the Arab insofar as they have not been altered or abrogated by Koranic injunctions.
The Quran gives specific shares to certain individuals on humane considerations, while the pre=Islamic customary law deals with the residue thus left and distributes it among the agnatic heors and falling them to the uterine heirs.

In keeping with its ideology and canon that a woman is half the worth of a man, a son is entitled to be presented with double the share of a daughter. Until she is not married. Then she have the benefit of the right to stay in her parents' house and look for maintenance without any inconvenience. In an instance of a divorce, charge for maintenance retrogressed to her parental family after the iddat period (which is nearly of 3 months) is finished.

Christian Law

If the deceased person is not a Hindu, Mohammadan, Buddhist, Sikh or jain, his succession to immovable property shall be vestedor regulated by the Succession Act, 1925.
For the Purpose of this 1925 Act, is provided under section 27 of the Succession Act, 1925 that there will be no distinction
  1. Between those who are related to a person deceased through his father, and those who are related to him through his mother; or
  2. Between those who are related to a person deceased by the full blood, and those who are related to him by the half-blood; or
  3. Between those who are actually born in the lifetime of the person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.
Section 33 to 49 of the succession Act, also deals with the property under the Christian law, where as section 33 ´┐ŻA of the Act, specifically deals with the provision- special provision where intestate has left widow and no lineal descendants.

Parsi law

Succession to a Parsi's immovable property in India is regulated under section 50 onwards by the Succession Act, 1925.

It is thus concluded that Daughter has right to property even by birth from her father's or grandfather's property, alo included in Hindu succession Act, 1956 amendment Act, 2005, as she is also having rights of coparceners in the Hindu Undivided Family as per rules and regulation provided under the Act.

Hence also in the Holy book for Muslims i.e Quran, they have already written the Rights to property for Daughter, Under Sura-al-nisa (The women) So as to other personal laws too.

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