DAUGHTERS’ RIGHT OF INHERITENCE

DAUGHTERS’ RIGHT OF INHERITENCE

Previously, daughters barely used to receive their share in ancestral property or in self acquired property of their father. It has been changed and daughters are given equal rights of inheritance as son through Hindu Succession (Amendment) Act,2005.

After Amending the Hindu Succession Act, now daughter can acquire, hold, and dispose of, Property as how sons can do. After this Amendment daughters have got no restrictions on their capacity to acquire, hold, and dispose of, her property. 

Daughters after the Apex Courts’ decision in 2005 have become coparceners. Which means they have equal rights as sons of the family in any matter related to property which includes  Agricultural lands also. 

If there are any restrictions as to its inheritance then it is equally applicable to both sons and daughters. 

And their right of inheritance remains the same irrespective of their marital status.

This rights of inheritance of daughter changes with respect to their religion. Their right of inheritance depends on the religion of the person from whom she is going to inherit. They are governed by each of their personal laws, based on their religion. 

Hindu Succession Amendment Act, 2005 was established to improve the benefits received by daughters both married and unmarried. With this change in the law, the daughter is a coparcener in her claim and has the equal benefits and responsibilities in the coparcenery property as the son. So, this includes a son as well as daughter who is responsible for the debts of the joint family.

Salient features of Hindu Succession Amendment Act,2005: 

1. In a Hindu Joint Family governed by Mitakshara law, the daughter by birth shall become a coparcener in her own right in an identical way as a son.

2. She will have the same title as a son in the coparcenery property.

3. Any evidence of a Hindu Mitakshara coparcener shall be deemed to include the source of a daughter as a coparcener.

4. She shall be directed to the same responsibility in respect of the said coparcenary property as that of a son.

5. Any property for which a female Hindu is nominated shall be handled by her with conflicts of coparcenary control and cannot be settled by her by will.

6. Any organization or division or any interruption in the willful distribution of funds, which took place before the 20th day of December 2004, shall not be amended or canceled by reason of amendment of section 6 of the Act.

In 2020, the Supreme Court decision on property rights of daughters, Vineeta Sharma vs. Rakesh Sharma, confirmed that sons, and daughters, indeed have exactly the same rights in the Joint Family Property. The inheritance rights of the daughter do not change on her marriage, the death of her husband, the death of her father, or anything else for that matter. Hence, the case used what has now become a famous expression: "once a daughter, always a daughter." Thus, an unmarried daughter and a married daughter are all entitled to the same property rights in the Joint Family Property of their parents. A daughter-in-law is too entitled to inherit her father-in-law's Property. This rule holds true for a widowed daughter-in-law as well. As long as the daughter is alive, she is entitled to control and inherit her ancestors' Joint Family Property at par with a son.

**Author : Sushma Swaraj Mamillapalli - student at ICFAI Law School, Hyderabad