In Indian society, daughters have been deprived of father’s property for a long time. Under traditional thinking, it was believed that the property of the family will be divided only among the sons and the daughters will have no right to him. However, changing times and legal reforms have completely changed the situation. Now daughters, whether married or unmarried, have the right to equalize their father’s property. But what Indian law says for this, let’s understand.
What does the law say
The Hindu Succession (Amendment) Act was implemented in the year 2005 under the Indian Constitution. This law equalized the right to property between daughters and sons. After the amendment, the daughters got the same right in the property of the father as the sons already had. This clearly means that if the father has property and they have a daughter and a son, then both will get equal share. Married daughter also cannot be denied her rights.
Supreme Court view
The Supreme Court has also clarified many times that a girl born in a Hindu family gets a share of equality in her father’s property as well as her father’s property. The court says that the daughter’s marital status or the status of getting married does not affect her rights. This law applies not only to Hinduism but also to Buddhist, Sikh and Jain communities.
When will you get right
However, there are some situations where the daughter cannot claim the property of the father, if the father prepares the will before his death and the daughter’s name is not included in it, the daughter loses the right to claim that property. The will is valid according to the law and whose name is recorded in it, only those people have authority over the property.
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