In India, every child whether son / daughter has many rights as a legal heir/
share in the ancestral properties. Regarding their ancestral property, both
sons and daughters have equal right on such property. A property could be
regarded as an ancestral property only when it has been inherited by the father
from his father, which mean it could be their ancestral property. It is very
much necessary that, the property must be inherited from their grandfather
either after the death of the grandfather or in his lifetime if the grandfather
had partitioned the property.
However, Gift is different in case of ancestral property, like if grandfather
has make a Gift to his father an ancestral property, that such property would
not considered as their ancestral property.
Hence, here is the topic regarding the Daughter's right to property, which is
also considered as coparcener as in the same way as a Son. She is also entitled
to seek demand from her father's property/ ancestral property too, and also have
rights to dispose the same property at her own will. From the very first day her
life since Birth, she/Daughters are fully eligible to take share from her
ancestral property as coparcener.
There are various personal laws (Hindu, Muslim, Christian and Parsi) as well as
constitutional laws on which Daughter's have their Rights to property.
Section 14, Hindu succession Act, 1956 has been introduced fundamental changes
in the Hindu law of women's property. Before 1956, the property of women has
been divided into two heads:
- stidhan, and
- women's estate.
The Hindu women's right to property Act, 1937 conferred some new rights of
inheritance on certain hindu females which had the effect of increasing the bulk
of women's estate, but apart from its side repercussions on the joint family
property, it did not alter its basic division of women's property into stidhan
and women's estate. It is always said that daughters are the heart of the
family. Once a daughter always a daughter.
Daughter's right to property after 2005- It has been about 50 years after the
enactment of Hindu succession Act, 1956 ,the Government has passed the new
Amendment Act, in 2005 regarding the Daughter's Right to property from her
ancestral property. There will be no gender discrimination in HUF, as Daughter
has fully right under this amendment regarding the property, as she is also
coparcener from the birth as of son.
Section 6 of the Hindu Succession Act , 1956 has been amended which deals with
coparcener's right in Hindu undivided family property (HUF),the amendment Act,
2005 canceled the survivorship rule and introduced testamentary and intestate
Likewise, the son, the daughter will also have Right to property and equal
Section 24 of the act,1956 which was now Repealed due to its denied of window
rights into her deceased husband's property upon her re-marriage.
Under The Muslim law, the inheritance of Muslim is the one of the
superstructured one which was founded by the Pre-Islamic law of customary
succession. It is totally based upon the patriarchal organization of the
family, in which are buttressed some near cognates side by side with agnates.
The Muslim system of inheritance has been appreciated for its utility and formal
excellence by all modern writers. The Islamic law of Inheritance like the rest
of the Islamic personal law is a combination of pre-islamic customs and rules
which was already introduced by Prophet. (PUBH).
Thus , it can be said that, there is dual basis of women's property or Muslim
law of inheritance i.e
- Rules laid down in the Holy book QURAN;
- Customs and usages prevailing amongst the Arab insofar as they have not
been altered or abrogated by Koranic injunctions.
The Quran gives specific shares to certain individuals on humane considerations,
while the pre=Islamic customary law deals with the residue thus left and
distributes it among the agnatic heors and falling them to the uterine heirs.
In keeping with its ideology and canon that a woman is half the worth of a man,
a son is entitled to be presented with double the share of a daughter. Until
she is not married. Then she have the benefit of the right to stay in her
parents' house and look for maintenance without any inconvenience. In an
instance of a divorce, charge for maintenance retrogressed to her parental
family after the iddat period (which is nearly of 3 months) is finished.
If the deceased person is not a Hindu, Mohammadan, Buddhist, Sikh or jain, his
succession to immovable property shall be vestedor regulated by the Succession
For the Purpose of this 1925 Act, is provided under section 27 of the Succession
Act, 1925 that there will be no distinction
- Between those who are related to a person deceased through his father,
and those who are related to him through his mother; or
- Between those who are related to a person deceased by the full blood,
and those who are related to him by the half-blood; or
- Between those who are actually born in the lifetime of the person
deceased and those who at the date of his death were only conceived in the
womb, but who have been subsequently born alive.
Section 33 to 49 of the succession Act, also deals with the property under the
Christian law, where as section 33 –A of the Act, specifically deals with the
provision- special provision where intestate has left widow and no lineal
Succession to a Parsi's immovable property in India is regulated under section
50 onwards by the Succession Act, 1925.
It is thus concluded that Daughter has right to property even by birth from her
father's or grandfather's property, alo included in Hindu succession Act, 1956
amendment Act, 2005, as she is also having rights of coparceners in the Hindu
Undivided Family as per rules and regulation provided under the Act.
Hence also in the Holy book for Muslims i.e Quran, they have already written
the Rights to property for Daughter, Under Sura-al-nisa (The women) So as to
other personal laws too.