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Property Rights Of Daughters In India

IamCheated.com Research Team | December 20, 2018  3:38:pm

Today, there is no discrimination between men and women in India. Both are treated equally, especially when it comes to property matters. Earlier, ancestral properties were shared only among sons in the family. But now things have changed. As per rules, daughters also have a right to share in the property, just like sons. In this blog, we will speak about the property rights of daughters in India.

Property Rights of Daughters in India

Hindu Law

  • Under Hindu Law, daughters have an equal share in their father’s property (inherited property) just like sons.
  • Daughters have the right to receive a share in mother's property.
  • The Hindu Succession (Amendment) Act, 2005, which came into force from 9th September 2005, removes gender biased provisions in the Hindu Succession Act, 1956 and provides the following rights to daughters:
  • In the case of a coparcener, the daughter will have the same rights as the son.
  • Daughters should be allotted the same share as the son.
  • Daughters will have to bear the same liability in the property as the son.

A married daughter is not allowed to ask for shelter nor maintenance in her parent's house as her responsibility is being passed on to her husband. If the marriage is abandoned, or she is divorced or widowed, she has a right of residence at her parent's place.

If she is an adult, she has all the rights on the property that has been gifted or earned or that which has been willed to her. She also has all the rights to dispose of the property by selling, gifting or willing it to others.

See Also: Property rights after death of husband

Muslim Law

  • In the case of an inheritance, the daughter's share is equal to one half of the son's in the father's property. This rule is made on the concept that a woman is worth half a man.
  • The daughter has complete control over her share and she has all the rights to manage and dispose of her share according to her wishes.
  • The daughter can accept gifts from those whom she may inherit property from, but it doesn’t take away her rights according to the inheritance laws.
  • The daughter has all the right to stay at her parent's place and take their support until she is married. In the case of divorce, the charges of maintenance will be on her parents after the Iddat period. Iddat period is usually for three months. If the daughter has kids who can take care of her, then it is their duty to do so.

Christian Law

  • The daughters have equal rights in their father’s or mother’s property just like sons.
  • The daughter can stay at her parent's place and ask for support only until she is married.
  • She has all rights to her personal property, upon becoming a major. Until this happens, her father is her natural guardian.

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