New Delhi. People often have a question regarding the daughter's right in her father's ancestral property, whether the daughter's right ends after marriage and how much share she gets in the property. Important provisions have been made in the Hindu Succession Law regarding property rights of daughters. The Supreme Court has also made it clear that a daughter has equal rights as a son in the ancestral or coparcenary property of a Hindu joint family.
Daughter gets coparcenary rights by birth
After the amendment made in 2005 to Section 6 of the Hindu Succession Act, 1956, the daughter was made a coparcener equal to the son. This means that the daughter's right in such ancestral property does not arise merely by marriage or death of the father, but she is entitled to her right by birth.
How much share will be received depends on the structure of the family.
There is no fixed percentage of the daughter's share. His share in the property depends on the number of coparceners in the family and the legal form of the property. For example, if both sons and daughters are equal class of coparceners in a coparcenary property, the rights of the daughter will be decided on the same basis as that of the son. In a Supreme Court case, equal shares were given to all concerned coparceners, including daughters.
Daughter's rights do not end with marriage
There is a belief among many people that after the marriage of a daughter, her right to her ancestral property ends. But after the amendment of 2005, the daughter has been given equal rights and responsibilities as the son in coparcenary property. The Supreme Court has also clarified that this right of the daughter is not dependent on her marital status.
Date is also important in case of old property
However, merely terming every property as 'ancestral' does not automatically entitle the daughter to any definite share. The nature of the property, previous divisions and related documents are important. The law contains special provisions in relation to certain valid divisions and transfers that took place before 20 December 2004. The Supreme Court has said that records such as a registered partition deed or a court decree may be important in determining the exceptions under Section 6.
The rules may be different in wills and other situations
It is also important to understand that the legal rules regarding ancestral property and father's self-acquired property are not the same. In case of father's self-acquired property, his rights may be decided on the basis of will, inheritance and other circumstances. Therefore it is important to check the property documents and the legal status of the family in a particular case.