Property Rights in India: Son and daughter’s rights in father’s property, know what the law says! Property Rights in India

Property rights of daughters: The historic amendment of 2005

An important amendment was made in the Hindu Succession Act in 2005 which proved to be a game-changer for daughters. The key points of this amendment are:

• Daughters were given equal rights as sons in ancestral property
• This right is acquired by birth and not after the death of the father
• Being married or unmarried does not make any difference to this right
• This law came into force with retrospective effect from 9 September 2005

This amendment took a big step towards gender equality in Indian society. Now daughters are also considered co-owners of ancestral property.

Ancestral Property vs Self-Acquired Property: What’s the Difference?

To understand property rights, it is important to know the difference between ancestral and self-acquired property:

Ancestral Property

• This is property that has been passed down in the male line for at least four generations
• Both son and daughter have equal rights on it from birth
• The father cannot give it to anyone of his own free will

Self-Acquired Property

• This is the property that a person has earned or purchased himself
• The owner has full rights over it
• The owner can give it to anyone he wishes

When do daughters not get rights to their father’s property?

Although the law gives equal rights to daughters, there are certain circumstances in which they are not entitled to their father’s property:

• If the father has bequeathed his self-acquired property while he was alive
• If there is any criminal case or legal dispute pending on the property
• If the father has mortgaged the property to any bank or institution
• If the father died before 9th September 2005

Rights of Married Daughters: Are They Affected by Marriage?

A common misconception is that daughters lose their rights over their father’s property after marriage. But the truth is this:

• Marriage does not affect the daughter’s property rights
• Married daughter is also entitled to equal share in ancestral property
• Even if the daughter got married before 2005, she will still get this right

Procedure for claiming property

If a daughter is being denied her legal rights, she can follow these steps:

1. Talk to the family first
2. Seek legal advice
3. Collect the documents (birth certificate, property papers, etc.)
4. Try Mediation
5. If necessary, file a suit in civil court

Important Supreme Court Judgements

The Supreme Court has strengthened the property rights of daughters in several cases:

• Vineeta Sharma vs Rakesh Sharma (2020): Court said that daughters will get equal rights in ancestral property, even if the father died before 2005
• Prakash vs Phulavati (2015): It held that the 2005 amendment would apply only in cases where the father was alive on 9 September 2005

Property Rights of Daughters: Social Impact

Along with the change in law, there is a gradual change in society as well:

• Increasing the economic security of daughters
• Decrease in gender discrimination
• Change in social attitude towards daughters
• Promoting women empowerment

However, old mentality still prevails in many families and daughters are deprived of their legal rights.