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New Law on Daughters Having Ownership on Property

New Law on Daughters Having Ownership on Property

Daughters are wealth to a family…

Even though after marriage they move to another house, they still have rights on their father’s property as per Section 6 of Hindu Succession Act 1956. As per the Hindu Succession Act, every daughter has equal rights along with her brothers in the ancestral property.  If the father expires without making a will, then the property will be shared among his heirs.  

A family arrangement deed could be made and the property could be shared equally in the absence of a father. In case if any of the family members wants to sell the property, a mutual acknowledgement by all family members has to be made.

Before 2005, sons were coparceners, while daughters only had the right to reside in the property.  Only a son had the opportunity to acquire proportionate ownership on father’s property.

The Amendment

“Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive (taking effect from a date in the past) in operation,” a full bench stated on Thursday. “In other words, the provisions of the amended section 6(3) do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005,” the judges said.

The bench word

After a great debate and indifferences, the judges agreed the act and declared that every daughter has the right in the ancestral property, irrespective of their birth date.