Explore how daughters’ property rights in India have evolved under the Hindu Succession Act. Learn about legal provisions, coparcenary rights, and inheritance laws for women.
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NEW DELHI: Property rights within families remain among the most emotionally charged and litigated issues in India. With evolving societal norms and progressive legal reforms, one question often stirs deep discussions: Can a daughter claim her father’s or grandfather’s property?
While the answer has become clearer with legislative changes, misunderstandings and disputes still arise, especially over ancestral versus self-acquired property and the presence of wills.
ALSO READ: Do Daughters Have Equal Property Right? : Hindu Succession Act, 1956
Historically, Hindu women’s right to inherit property was severely limited. In ancient times, they were not seen as equals to men and were denied equal rights, including property ownership. This exclusion was rooted in religious customs, where women were barred from performing sacrificial rituals and offering funeral rites, which were considered essential for inheriting ancestral property.
Women’s Property Rights under Mitakshara and Dayabhaga Schools
The Mitakshara School was followed across most of India, except in the East, where the Dayabhaga School prevailed, especially in Bengal and Assam. Under Mitakshara, women’s property rights were highly restricted; they were not recognized as coparceners. A widow could neither claim her deceased husband’s share nor demand partition against his brothers.
In contrast, the Dayabhaga School was more progressive regarding women’s inheritance rights. It allowed widows to inherit their husband’s shares and seek partition. However, it still had limitations, for instance, if a widow without sons died, her husband’s share would pass to the nearest male relative, not her daughters.
Hindu Succession Act, 1956
In today’s era of evolving social norms, it is widely recognized that empowering women with equal rights is essential for national progress. In this spirit, the Hindu Succession Act, 1956 marked a major milestone by formally recognizing women’s right to inherit property. Since its enactment, the scope of women’s inheritance rights has continued to evolve and expand with time.
Section 14 of the Hindu Succession Act, 1956:
Under Section 14 of the Hindu Succession Act, 1956, any property possessed by a Hindu woman, whether acquired before or after the commencement of the Act, is considered her absolute property, not a limited estate.
The term “property” includes both movable and immovable assets, acquired through various means such as inheritance, partition, maintenance, gifts, purchase, self-earning, or stridhan. This provision empowers Hindu women with full ownership and control over their property, granting them the freedom to manage, transfer, or dispose of it without requiring approval from a husband, father, or any male relative.
However, sub-section (2) clarifies that this absolute right does not apply if the property was acquired through a gift, will, or court decree that explicitly limits her interest to a restricted estate.
Section 15 of Hindu Succession Act, 1956:
Section 15 of the Hindu Succession Act, 1956 outlines the order of succession when a Hindu woman dies intestate (without leaving a will). The property devolves in the following order:
- First, to her sons, daughters, and husband (including the children of any predeceased son or daughter).
- Second, to the heirs of the husband.
- Third, to her mother and father.
- Fourth, to the heirs of her father.
- Lastly, to the heirs of her mother.
Section 30 of Hindu Succession Act, 1956:
Under Section 30 of the Hindu Succession Act, 1956, a Hindu female has full legal authority to dispose of her property through testamentary (by will) or intestate succession, by her right to absolute ownership.
Earlier, only Hindu men were recognized as having the legal capacity to make a will. The Act now ensures that Hindu women enjoy equal rights, allowing them to freely bequeath their property through a valid will, just like their male counterparts.
Hindu Succession (Amendment) Act, 2005
The Amendment of 2005:
Before the 2005 Amendment, only sons had coparcenary rights over their father’s property, while daughters lost such rights upon marriage. However, based on the recommendations of the 174th Law Commission Report, the Hindu Succession (Amendment) Act, 2005 brought about a landmark change.
The amendment to Section 6 of the Hindu Succession Act granted equal coparcenary rights to daughters, regardless of their marital status. This means daughters can now:
- Inherit ancestral property equally like sons,
- Become coparceners in the Hindu Undivided Family (HUF),
- Exercise equal rights in partition and disposal of property.
Section 6 of Hindu Succession Act, 1956:
The 2005 Amendment to the Hindu Succession Act repealed the long-standing gender-based exclusion of women from the coparcenary system by amending Section 6.
As per the amended Section 6(1), a daughter of a coparcener becomes a coparcener by birth, just like a son. She enjoys equal rights and bears equal responsibilities in ancestral property.
This provision ensures that sons and daughters now hold equal legal status within the Hindu Undivided Family (HUF).
Share in coparcenary property:
Under Section 6(3) of the Hindu Succession Act, when a coparcener dies, their share in the Hindu Undivided Family (HUF) property is passed on through testamentary (by will) or intestate succession.
The key provisions include:
- The daughter is entitled to an equal share in the property, just like the son.
- If a female coparcener predeceases the coparcener, her share devolves upon her legal heirs, in the same manner it would have been allotted to her.
Hindu Adoption and Maintenance Act, 1956
Under Section 19 of the Hindu Adoption and Maintenance Act, 1956 (HAMA), a daughter-in-law is entitled to claim maintenance from her father-in-law if:
- She is unable to maintain herself from her own earnings or property, and
- Cannot obtain maintenance from her husband, parents, or children.
However, this obligation is subject to certain conditions:
- The father-in-law is liable only if he has sufficient coparcenary property from which the daughter-in-law has not already received a share.
- This duty ceases if the daughter-in-law remarries.
Case Laws
Punithavalli Ammal v. Ramalingam and Anr. (1964):
The Supreme Court ruled that Section 14(1) of the Hindu Succession Act grants women absolute ownership rights, which cannot be restricted by interpretation or presumptions. It further clarified that the date of possession is immaterial; even if a woman possessed the property before the Act came into force, she would now enjoy full ownership, replacing any earlier limited rights.
Agasti Karuna v. Cherukuri Krishnaiah (2000):
The Andhra Pradesh High Court held that under Section 14 of the Hindu Succession Act, a woman has absolute rights over her deceased husband’s property. Any transfer or alienation of such property made by her after the commencement of the Act is legally valid and cannot be challenged by other heirs.
