Property Right: How much right does a daughter-in-law have on her in-laws' property? In which cases a daughter cannot be her father's heir?

Today, women are getting empowered at every level. Women have been given equal rights in ancestral property as men. Hindu (Sikh, Jain, Buddhist) women have some legal rights under the Hindu Succession Act 1956 and the Hindu Succession Act (Amendment) 2005, under which they have the right to inherit property and make wills. But there is a lot of confusion about this.

After independence, in 1956, Pandit Jawaharlal Nehru's government wanted to bring a law to give women equal rights as sons in their father's property, but at that time, President Rajendra Prasad considered traditional thinking to be correct in this matter. He thought that giving equal rights to female and male heirs would break the Hindu society. Therefore, women could get only some rights through the Hindu Succession Act of 1956.

There were many flaws in this law. Therefore, in 2005, the Women Hindu Succession (Amendment) Act was brought. Under this, now the daughter has been made an equal heir to the father's property from birth. That is, just like the son has the right, now the daughter also has the right. Then the Supreme Court also said that in the case of inheritance without a will, a Hindu woman is equally entitled.

Let us understand what rights a woman has regarding property as a daughter, a wife, and a daughter-in-law:-

What right does a wife have on her husband's property?

According to Section 8 of the Hindu Succession Act, the wife has full rights on the property built by the husband. At the same time, a woman has no right to the ancestral property of her in-laws as long as her husband or her parents-in-law are alive. After the death of her husband, she has a right to the property of her in-laws. She is entitled to her husband's share in the ancestral property. If the husband does not leave anything in the name of the wife in his will, then the wife will not get anything from the property acquired by her husband after his death.

What are the rights of the husband on the wife's property?
If we talk about the wife's property, then you can sell it only if the wife has permission for it. Even if the husband buys a property in the name of his wife with his own money, in this situation, the right over that property will belong to his wife. The man cannot sell such property anywhere without his wife.

Can a wife sell her property of her own free will?

If a husband can sell his property without the consent or opinion of his wife, then the wife can also sell the property that is in her name without the approval of her husband.

What right does a daughter-in-law have over her in-laws' property?

Even if the daughter-in-law is a member of a joint family, she has no right over her in-laws' property. In a joint family, the wife has the right only over the property that the husband has created. The wife can take over her in-laws' property only through her husband. If the mother-in-law and father-in-law die, then only the children will have the right over their property. The daughter-in-law will be entitled only to that share which belongs to her husband. The daughter-in-law has the right to live in her in-laws' house as long as she has marital relations. However, a widowed daughter-in-law has full rights over the property created by her husband.

What right does a daughter have on her father's property?

After the amendment in the Hindu Succession Act 1956 in the year 2005, daughters have been given equal rights as sons in their father's property. Under this, daughters have equal rights in the property created by the father. Daughters also have rights in the ancestral property of the family. If the father did not make a will before his death, then the brothers will have to give up their rights to their sister. A married daughter is also equally entitled to her father's property.

When does a daughter not get rights in her father's property?

If the daughter is an adult and does not want to have a relationship with the father, then the father is not responsible for her expenses. When the father has not given a place to the daughter in his will and has given his entire property to his son, daughter-in-law, grandson, friend, any institution or trust, then the daughter has no rights. Similarly, when there is a record in the court that the relationship between the daughter and the father has broken, then the daughter will not be entitled to the father's property.

If the parents are divorced, will the daughter get rights to the property?
The rights of daughters do not change due to the separation of parents. The right of a daughter on her father's property is protected in all circumstances.

What are the rights of a daughter of a live-in couple?
If a live-in couple has a child, then the child has the same rights on the father's property as a child born out of wedlock.