What Are Hindu Son and Daughter’s Rights in Father’s Property? Act Explained

A large part of society even now believes India as a male-led country. A normal family in India can be seen pursuing this belief which has been going on for centuries. It is seen most of the time in a normal family that only sons have the right over father’s assets.

What law says about daughters’ rights over father’s assets?

•    Normally, in most of the families in India only sons have the right over the father’s assets. For centuries it has been tradition that the father’s property is distributed among the sons only and daughters do not receive any share in the father’s property. Law of India does not consider this tradition in any way. 
•    According to the Hindu Succession (Amendment) Act 2005, daughters have identical rights and influence as sons have over a father’s assets. The law applies same and makes no difference whether the daughter is married or unmarried.
•    It means married daughters too can ask equal share in father’s assets. If a father has a son and a daughter, the daughter can ask half of her father’s property, which means brother and sister have right of equal share in the father’s property
•    As per an order passed by the Supreme Court, any girl of the Hindu religion has an equal right in her father’s property since birth. In addition of Hindus; this rule also applies to Buddhist, Sikh and Jain.

When daughters do not have right over father’s assets?

•    Normally, a daughter has right over father’s property or other assets since birth but there may be some cases when the daughter cannot ask her father’s property.
•    As per law, if a father does not involve his daughter’s name in the will before he expires, the daughter cannot claim in her father’s property.
•    Also as per order passed earlier by Bombay High Court, it was stated that daughters do not have any heritage rights if their fathers died before the Hindu Succession Act was enacted in 1956. 

Although people believe that only sons have right over the properties but as per Hindu Succession (Amendment) Act 2005, every daughter has right in the assets of her father. This right is not valid if the name of daughter is not mentioned in the will written by father before his death.