WEALTH WHINES
Money & Relationships
Daughter’s right to
dad’s property
Here are the
situations in which she can stake a claim, says Riju Mehta
Financial dependence, be it on the father, brother or
husband, has been at the root of much hardship for women over the years. It was
with the idea of leveling this playing field that the Hindu Succession Act
1956 was amended in 2005, allowing daughters an equal share in ancestral
property. Find out if your father can still deprive you of your share in the
property.
1 If the property is
ancestral
Under Hindu law, the property is of two types: ancestral and
self-acquired. Ancestral property is inherited up to four generations of male
lineage and must remain undivided through this period. For descendants, be it a
daughter or son, an equal share in such property accrues by birth. Before 2005,
only sons had a share in such property. So, by law, a father cannot will this
property to anyone he wants to, or deprive a daughter of her share.
2 If the property is
self-acquired
If the father has bought a piece of land or house with his
own money, a daughter is on weaker ground. In this case, he has the right to
gift the property or will it to anyone he wants, and a daughter can’t raise an
objection.
3 If the father dies
intestate
If the father dies without leaving a will, all legal heirs
have an equal right to the property. The Hindu Succession Act categorizes a
male’s heirs into four classes and the inheritable property goes first to Class
I heirs. These include widow, daughters, and sons, among others. Each heir is
entitled to one part of the property. So, a daughter has a right to a share in
the father’s property.
4 If the daughter is
married
Before 2005, the Hindu Succession Act considered daughters
only as members of the Hindu Undivided Family (HUF), not coparceners. The
latter are the lineal descendants of a common ancestor, with the first four
generations having a birthright to ancestral or self-acquired property. Once
the daughter was married, she was no longer considered a HUF member. After
2005, the daughter was recognized as a coparcener and her marital status makes
no difference to her right over the father’s property.
5 If the daughter was
born or father died before 2005
It does not matter if the daughter was born before or after
9 September 2005, when the amendment to the Act was carried out. She will have
the same rights as a son to the father’s property, be it ancestral or
self-acquired, irrespective of her date of birth. On the other hand, the father
has to have been alive on 9 September 2005 for the daughter to stake a claim
over his property. If he had died before 2005, she will have no right over the
ancestral property, and self-acquired property will be distributed as per the
father’s will.
