What share can a married daughter claim in her father's property? What does Indian law say?

Marriage Daughter Claims on Father's Property: Can married daughters be equal sharers in their father's property? Learning about Indian law can shatter many old beliefs. Let's find out.

For a long time, daughters in Indian society have been excluded from their father's property. Traditional thinking held that family property would be divided only among sons, and daughters would have no rights to it. However, changing times and legal reforms have completely changed this situation. Now, daughters, whether married or unmarried, have equal rights to their father's property. But let's understand what Indian law says about this.

What the Law Says

The Hindu Succession (Amendment) Act was enacted in 2005 under the Indian Constitution. This law equalized property rights between daughters and sons. After the amendment, daughters received the same rights to their father's property as sons previously had. This clearly means that if a father owns property and has a daughter and a son, both will receive an equal share. Even a married daughter cannot be deprived of her rights.

Supreme Court's View

The Supreme Court has repeatedly clarified that a girl born into a Hindu family receives an equal share in her father's property upon birth. The court states that a daughter's marital status or married status does not affect her rights. This law applies not only to Hinduism but also to Buddhist, Sikh, and Jain communities.

When will she not be entitled?

However, there are some situations where a daughter cannot claim her father's property. If the father prepares a will before his death and does not include the daughter's name in it, the daughter loses her right to claim that property. A will is legally valid, and only those named in it have rights to the property.