Delhi High Court Clarifies whether Daughter will get Share in Father’s property After Marriage?
Delhi High Court Decision : Disputes within families are quite common. It is often said that if there are utensils in a house, they will clash, but such disputes are usually resolved quickly.
However, many times disputes related to the division of property do not get resolved easily and cases even reach the courts, including the High Courts. There is especially a lot of confusion among people regarding the property rights of daughters after marriage.
Traditional Beliefs Still Prevail
There are long-standing traditional beliefs in society regarding daughters’ property rights. You must have often heard people say that daughters are “someone else’s wealth.”
After marriage, a daughter leaves her father’s house and goes to her husband’s home, which is then considered her permanent home. According to traditional customs, the father’s property is passed on to the son, and daughters are not given any rights in the property. It is commonly believed that after marriage, a daughter loses her rights over her father’s property.
Legal Rights Exist in Some Cases, Not in Others
Legally speaking, daughters do have rights in property, but there are certain situations where daughters are not entitled to a share. Different rules apply in different cases.
The Delhi High Court has clarified these aspects through its verdict. Let us understand how.
Understanding the Hindu Succession Act
To understand daughters’ property rights, it is important to know about the Hindu Succession Act enacted in 1956. This Act was introduced to govern property division, inheritance, and succession in India.
Under this law, rules were laid down for property distribution among Hindus, Jains, Buddhists, and Sikhs. However, in the original 1956 Act, daughters were not given any right in their father’s property.
A Major Change in the Law
A significant amendment was made to the Hindu Succession Act in 2005. Under this amendment, daughters were given equal rights in their father’s property, on par with sons.
However, the question of whether married daughters are entitled to these rights has continued to remain a subject of confusion. Do married daughters have a right in their father’s property? This question is often raised.
What the Law Says
The amendment made in 2005 to the Hindu Succession Act clearly states that married daughters are also considered equal legal heirs to property. This was not the case before 2005.
Prior to the amendment, daughters did not receive a share in their father’s property after marriage. But after the amendment to the Hindu Succession Act, 1956, daughters have been granted equal rights in their father’s property, regardless of their marital status.
Cases Where Daughters Do Not Get a Share
It is not mandatory that a daughter will receive a share in every situation, as there are certain legal complications.
If the father, during his lifetime, has executed a will and transferred the property exclusively in favor of his son, then the daughter cannot claim a right over that property. However, if there is no will, the daughter can assert her legal right.
A daughter does have a right in ancestral property. However, in the case of self-acquired property, the father has complete authority over it and can transfer it to anyone he chooses.
Additionally, if a criminal case is already pending on the property, then no family member—including a married daughter—can claim rights over it until the matter is resolved.
Delhi High Court Verdict Brings Clarity
The Delhi High Court has further clarified that if the father passed away before the Hindu Succession Act came into force in 1956, then daughters will not have any right in the father’s property.
According to the Court, if a person died before the 1956 Act came into effect, the distribution of their property will be governed by the law that existed at the time of death, and not by the amended law that later recognized daughters as legal heirs.