India's property and inheritance laws come with gender bias, disadvantaging women in various ways. However, post-independence reforms and changing perspectives have initiated a slow transformation in inheritance rights for women in India despite the absence of a Uniform Civil Code.

Supreme court judgment on daughter right

The Supreme Court of India has made important decisions about the right of daughter in ancestral property. These decisions have made things fairer for daughters.

Here are the key points:

In 2018, the Court said that daughters have equal rights to family property, even if their father died before the law changed in 2005.
In 2020, they clarified that daughters are born with these rights, just like sons.
In 2016, they said the new law applies to daughters who were alive in 2005 when it was passed.

What this means:

Daughters now have the same rights as sons to their father's property.
This applies even if the father passed away before 2005.
It's a big step towards treating sons and daughters equally in India.

Daughters inherit property equally with sons under the Hindu Succession (Amendment) Act, 2005, marking a significant shift in Indian inheritance laws.

Equal Rights of Daughters in Joint Family Property

In Hindu law, there are two types of property:

Joint Family Property: This is property passed down from fathers, grandfathers, and great-grandfathers.
Self-Acquired Property: This is everything else.

The main differences:

For Self-Acquired Property, sons and daughters always had equal rights.
For Joint Family Property, sons used to have more rights than daughters.

The big change:

In 2005, a new law gave daughters the same rights as sons for all types of property.
This fixed an old unfairness where daughters had fewer rights to family property.
Now, daughters can inherit, control, and sell family property just like their brothers.

This change is important because it makes things equal for sons and daughters in Indian families.

What is the Inheritance Act of India?

The "Inheritance Act" in India includes a range of legal provisions, such as the Hindu Succession Act, Muslim Personal Law, and Indian Succession Act, which not only regulate inheritance and succession based on religious affiliations and personal beliefs but also address gender-specific aspects. These laws ensure equitable distribution of assets among legal heirs, with specific provisions designed to safeguard women's inheritance rights.

Property and inheritance laws for women under Hindu law

Let us understand the inheritance laws under the Hindu law.

Property rights of a daughter

The Hindu Property Act for daughters has revolutionized property rights for women in Hindu families, granting them equal status as coparceners. Recent amendments in Hindu law have significantly improved women's status. Daughters now inherit maternal and paternal ancestral property on par with sons, sharing the same responsibilities as coparceners. They can also seek maintenance and shelter if widowed, divorced, or deserted and gain complete control over any gifted or bequeathed property upon adulthood.

Property rights of a wife

Under Hindu Succession Law, married women have full ownership rights over their personal property, with the freedom to sell, gift, or dispose of it as they choose. In property divisions, wives receive an equal share. In the unfortunate event of their husband's death, they inherit an equal share of his assets, along with their children and mother-in-law.

Property rights for other female relatives

Property rights for other female relatives are as follows:

Mothers, classified as Class I heirs, inherit an equal share of their deceased son's assets.
Sisters, recognised as Class II heirs, can claim their deceased brother's property only if no Class I heirs are present.
Daughters-in-law have limited property rights over their parents-in-law's assets.
Divorced women can seek maintenance and alimony but have no legal claim to their ex-husband's property.

Inheritance rights for women under Christian law

Under Christian law, daughters inherit both parental properties equally with their siblings. A wife is entitled to maintenance from her husband, and her inheritance depends on whether there are children. A mother is not considered a dependent and is not entitled to maintenance but may inherit a portion if the deceased has no child.

Inheritance rights for women under Islamic law

Islamic Law, guided by Sharia, outlines gender-specific rules for inheritance:

Daughters inherit half as much as sons.
Wives have ownership rights and are entitled to maintenance.
A widow inherits one-fourth of her husband's assets (one-eighth if there are children).
A mother is entitled to maintenance and inherits one-sixth of her deceased child's assets.

While inheritance in Islam for daughters differs from other religious laws, Muslim daughters are entitled to a share of their parents' property, typically half that of their brothers.

The final word

Recent amendments and evolving judgments have provided women with greater legal rights in property and inheritance. Women must be aware of these rights to prevent any unlawful deprivation of their assets.

Frequently Asked Questions

1. What are the property rights of daughters under Hindu Law?

Ans. Daughters under Hindu Law now inherit ancestral property, both maternal and paternal, on par with sons. They share the same liabilities, and on adulthood, daughters gain complete control over any property or assets gifted or bequeathed to them.

2. Do daughters-in-law have rights to their parents-in-law's property under Hindu Law?

Ans. Daughters-in-law have limited rights over their parents-in-law's property, whether ancestral or self-acquired. Their rights are dependent on their husband's inheritance and share.

3. What laws govern property rights for daughters in India?

Ans. The Hindu Succession Act, Muslim Personal Law, and Indian Succession Act govern daughters' property rights in India, varying by religion and personal laws.

4. Can daughters claim property if there is no will?

Ans. Yes, daughters can claim property even without a will. They have equal inheritance rights as sons in ancestral and self-acquired property.

Inheritance Law for Daughters in India

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