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Understanding a Daughter’s Right to Property

History has not been kind to women when it comes to property rights. However, with more awareness about women’s issues, the scenario has slowly been changing over the years.

The Hindu Succession Act of 1956 was amended in 2005 to enable women to achieve more financial independence and access to equal rights. What has changed for women now, especially daughters?

Here’s a quick guide.

Ancestral property

Prior to the amendment of the Act, daughters were not considered as part of their father’s Hindu Undivided Family (HUF) after marriage. According to the Act, a daughter now has the same equal rights as a son to her father’s ancestral property by birth.

Self-acquired property

In the case of property that was purchased by the father, he has the right to will it to anyone he chooses. As the daughter is not eligible by birth, she may or may not be the recipient of a share of the property.

Rights of a married daughter

After the amendment to the Act, married daughters are now considered as part of their father’s HUF regardless of their married status. A married daughter can claim a share of her father’s property.

Death of father intestate

When the father dies intestate, or without leaving a will, all legal heirs including daughters are eligible to claim a share to his property.

Status before and after 2005

The Act decreed that, regardless of whether a daughter was born before or after 2005, she has equal rights as the son to her father’s property. However, it is necessary for the father to have been alive until 9 September 2005 for the daughter to claim her share of his property.

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