Property rights of a daughter under Hindi Law

In recent times, there have been notable modifications to the legislation in India concerning the property rights of daughters.
.Daughters had unequal rights to their father's belongings before these modifications.
The Hindu Succession (Amendment) Act of 2005, on the other hand, significantly changed this by granting females the same rights as boys with regard to ancestral property.

Legislation concerning property rights:

• The Hindu Succession Act, 1956, states that daughters, married or single, have the same rights to their father's property, whether it is inherited or self-acquired, as do boys.

• The act's Section 6, which addresses coparcener's rights in Hindu undivided family property, was modified. On September 9, 2005, the amendment act, 2005, which abolished the survivorship rule and instituted testamentary and intestate succession, went into force.

Coparcener

A person who takes a legal interest in his ancestral property by virtue of being born into a Hindu Utilitarian family (HUF) is referred to as a coparcener under Hindu succession law. As per the Hindu Succession Act, 1956, a person born into a Hindu Utpalaksha becomes a coparcener by virtue of their birth.
Daughter shall be able to seek a division of HUF and to become a coparcener in the same manner as a son. She also has the freedom to decide how she wants to use her portion of the coparcenary property. From birth, daughters were acknowledged as coparceners. In the same way, the daughter and son will share equal responsibility. Nevertheless, the coparcenary right will only be awarded to the daughters who are born in HUF.

Vineeta Sharma v. Rakesh Sharma (2020), a recent case, Under the 2005 amendment to the Hindu Succession Act, 1956, the daughters are entitled to equal property rights, regardless of when they were born or whether their father passed away before the amendment act went into effect, according to a three-judge bench led by Justice A.K. Sikri.
The Supreme Court decided that the 2005 amendment would grant rights to daughters who were living at the time of the amendment, regardless of whether or not they had been born before.

Daughters who are married under the Hindu Succession Act of 2005
• A daughter who marries will remain a coparcener but will no longer be a part of her parents' HUF. Therefore, if she happens to be the eldest coparcener of her father's HUF, she has the right to request the division of the HUF property and take on the role of Karta.A daughter may, however, bequeath her half of the HUF property through a bequest rather than giving it away while she is still living.

In the case of Channabasappa Hosmani AND Parvatevva alias Kasturevva & Others, the Karnataka High Court ruled that a daughter's legal heirs are entitled to an equal share of the family properties, regardless of whether the daughter passed away prior to the Hindu Succession Act amendment taking effect in 2005.
The court came to the conclusion that the ruling, which gives females and their legal successors the same rights as boys in relation to family property, regardless of when the daughter died away, corrects this historical imbalance.

Conclusion:

According to the Hindu Succession Act 1956, with consideration for the most recent change, the property is distributed equally among all the legitimate heirs, including daughters and sons. In general, India's laws have changed significantly in the last several years, giving daughters greater property rights than they had previously, including the ability to inherit family property as coparceners, independent of their marital status.

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