RIGHT OF MARRIED/ UNMARRIED DAUGHTER: The Hindu Succession (Amendment) Act 2005

The Hindu Succession (Amendment) Act 2005

In the past the daughters were never been treated at par with that of sons, the daughters were discriminated by the parents in the matter of Education, maintenance and INHERITANCE property rights owing to so many reasons. Perhaps the most common reason was that ( After marriage daughter will be the responsibility of son in law) thus father never use to give EQUAL share in the property or most of the time use to DENY to give share in the property.

The Hindu Succession (Amendment) Act 2005

As per The Hindu Succession Act 1955 female heirs did not have any right to parental home although they had the right in the share of their father’s property. But by virtue of The Amendment Act which has ensured that this discrimination is removed, this Act has brought the daughters at PAR with the son in the matter of right in the property.

The son or daughter whether married or unmarried has equal right in the property of father. The marital status of any children either daughter or sons does not matter even if they are married, their legal right to have one share on the father’s property exist and even in sale of the family home as well. In case if brother or father denies right in property then the daughter(s) may approach the Civil Court to seek for partition from their brothers/father.

Son or daughters gets rights in the property of father the movement they get birth, thus cause partition if they want.

The Hindu Succession (Amendment) Act 2005 states that even daughters have equal rights in their ancestral property as inheritable right under Class 1 Heir for Hindus. The Hindu Succession (Amendment) Act 2005 Act has RETROSPECTIVE effect it means it applies even to girls born before 2005.

Section 6 of the said Act states that a daughter of a Coparcener shall by birth be a coparcener and have same rights to property as if she is a son. The daughter should be allotted same share as it is allotted to a son. Even daughters can claim equal right in the self-acquired or any separate property of the father unless self acquired property is given under Will by father to son.

The Special Marriage Act 1954 Section 20 states that every marriage conducted under this Act will have same rights and shall be subject to same disabilities with regard to right of succession to any property.

Some cases which relate to this matter are Shri Badrinarayan Shankar Bhandari and Ors vs Ompraskash Shankar Bhandari, Shri Ashok GangadharShedge vs Ramesh GangadharShedge, Vasant DhondiramChoudhari vs SadashivDhondiramChoudhari(14/08/2014)held that daughters born prior to 1956 or thereafter shall have the right over the property under the said Amendment Act. GanduriKoteshwaramma and another vs ChakiriYanadi(12 October 2011) and another in this case Supreme Court held that females have the rights to inherit in the fathers property.

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5 thoughts on “RIGHT OF MARRIED/ UNMARRIED DAUGHTER: The Hindu Succession (Amendment) Act 2005

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