property Law: A section of the society still considers India as a male-dominated country. A common family of the country is also following this tradition that has been going on for centuries. Generally it is seen in a normal family that only sons have the right over the father’s property. It has been seen for centuries that father’s property is distributed among sons only, whereas daughters do not get a share in father’s property. But the law of the country does not accept this tradition at all. Today we will know here whether married daughters can claim their father’s property?
What is the law regarding daughters’ rights on father’s property?
According to the Hindu Succession (Amendment) Act 2005 of the Indian Constitution, daughters have the same rights and authority over their father’s property as sons. It does not matter whether the daughter is unmarried or married. This simply means that married daughters can also demand an equal share in their father’s property. If a person has a son and a daughter, the daughter can ask for half the share in her father’s property, i.e. equal share in the property as her brother.
If this happens, daughters will not be able to claim their father’s property.
But in this case there is a situation where the daughter cannot claim her father’s property. According to the law, if a person does not include his daughter’s name in his will before his death, then in such a situation the daughter cannot claim her father’s property. According to an order of the Supreme Court, a girl born in the Hindu religion gets an equal share in her father’s property from birth. This rule applies to Hinduism as well as Buddhist, Sikh and Jain communities.
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