
The Hindu Succession (Amendment) Act of 2005 grants daughters equal rights as sons in ancestral property, regardless of their marital status. This means that a daughter is a coparcener and has the same rights as a son, allowing her to claim her share in the ancestral property and demand partition. However, this does not extend to her husband's ancestral property, where she is not a coparcener and cannot demand partition. In the case of a deceased mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires rights only to her husband's share.
Characteristics | Values |
---|---|
Daughter-in-law's rights to her husband's ancestral property | Very little |
Daughter-in-law's rights to her in-laws' self-acquired property | None |
Daughter-in-law's right of residence | Only until there is a conjugal relationship with her husband |
Daughter's rights to her father's HUF property | Can demand partition and claim her share |
Daughter's rights to her husband's family's HUF property | Not a coparcener, but entitled to a share in case of partition between her husband and her sons or between her sons |
Daughter's rights to her own family's HUF property | Coparcener with the same rights as a son |
Daughter's rights to her father's self-acquired property | Not affected by the 2005 amendment to HSA |
What You'll Learn
- Daughters-in-law have no rights to their in-laws' self-acquired property
- A daughter-in-law acquires rights to the in-laws' property only through her husband's share
- A daughter-in-law has a right of residence only until there is a conjugal relationship with her husband
- A daughter-in-law has very few rights to her husband's ancestral property
- A daughter-in-law cannot assert any rights to property that belongs exclusively to her in-laws
Daughters-in-law have no rights to their in-laws' self-acquired property
In India, the Hindu Undivided Family (HUF) grants a daughter-in-law the status of a family member from the date of her marriage. However, this does not make her a coparcener, and she has very few rights to her husband's ancestral property.
A coparcener is a person who, by birth in an undivided Hindu family (HUF), assumes a legal right to their ancestral property. According to the Hindu Succession Act of 1956, anyone born in a HUF becomes a coparcener from birth. The 2005 amendment to this act grants daughters equal rights as sons in ancestral property, regardless of their marital status. However, this amendment does not apply to the in-laws' self-acquired property, and a daughter-in-law cannot assert any rights to property that belongs exclusively to her in-laws.
A daughter-in-law acquires rights to the in-laws' property only through her husband's share of the property, either willfully transferred by her husband or received after his death. In the case of a deceased mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires rights only to her husband's share. If the property is self-acquired by the father-in-law, the daughter-in-law has no right of residence as the house is not considered shared because the husband has no share in it.
While a daughter has a right to an equal share by birth in the ancestral property owned by her father, this right does not extend to self-acquired properties unless mentioned in the will. If the father dies without a will, his property will be equally divided among the legal heirs, including daughters.
In summary, a daughter-in-law has no rights to her in-laws' self-acquired property and only acquires rights to their property through her husband's share.
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A daughter-in-law acquires rights to the in-laws' property only through her husband's share
In India, personal laws govern inheritance. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a family member from the date of her marriage, but this does not make her a coparcener. A coparcener is a person who has a joint share with others in an inheritance. A daughter-in-law acquires rights to the in-laws' property only through her husband's share of the property. This means that she cannot claim any rights to property that belongs exclusively to her in-laws, and such property is not treated as community property.
The Hindu Succession (Amendment) Act, 2005 grants married daughters equal rights as sons in a Hindu Undivided Family (HUF), allowing them to be coparceners. They can inherit, demand partition, and dispose of their share in ancestral property, ensuring gender equality in property rights. However, this amendment does not apply to daughters-in-law. A daughter-in-law has very few rights in her husband's ancestral property. She has a right to residence only until there is a conjugal relationship with her husband.
In the case of the deceased mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires only rights to her husband's share. Daughters-in-law do not have rights over the self-acquired property of her in-laws. She acquires rights to the in-laws' property only through her husband's share of the property. After the death of her husband, that is, as a widow, a daughter-in-law is entitled to her husband's property left by him. This property can be ancestral or acquired by oneself. The right she acquires is that of a widow of the deceased husband.
It is important to note that the daughter-in-law has no right of residence in a house that is the self-acquired property of her father-in-law, as the house is not shared because the husband has no share in it. A widowed daughter-in-law has a right of maintenance from her father-in-law under certain conditions, as prescribed in the Hindus Adoption and Maintenance Act, 1956.
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A daughter-in-law has a right of residence only until there is a conjugal relationship with her husband
The Hindu Succession (Amendment) Act of 2005 grants married daughters equal rights as sons in a Hindu Undivided Family (HUF), allowing them to be coparceners. They can inherit, demand partition, and dispose of their share in ancestral property, ensuring gender equality in property rights. However, a daughter-in-law's rights differ from those of a daughter.
A daughter-in-law has very few rights to her husband's ancestral property. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a family member from the date of her marriage, but this does not make her a coparcener. The daughter-in-law acquires rights to the family property through her husband's share of the property, either intentionally transferred by the husband or received after his death.
In the case of a deceased mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires rights only to her husband's share. Daughters-in-law have no rights to their parents-in-law's self-acquired property. She acquires rights to the in-laws' property only through her husband's share of the property. A daughter-in-law cannot assert any rights to property that belongs exclusively to her in-laws, and such property is not treated as community property.
The right of residence for a daughter-in-law is tied to the existence of a conjugal relationship with her husband. She has the right to reside in the shared household where she lived with her husband, even if it is rented accommodation. This right is protected under the Domestic Violence Act, 2005, which ensures that a woman cannot be evicted or excluded from the shared household by her husband or his family members. However, the Supreme Court has ruled that a married woman has no right to the self-acquired property of her in-laws, as this property cannot be treated as shared property.
In the case of Satish Chander Ahuja v. Sneha Ahuja, the court ruled that if the father-in-law (Pitaji) is proven to be the owner of the shared household, the daughter-in-law (Bahu) will be able to reside in the property until the husband provides alternative accommodation or rent. This ruling aims to balance the rights of the parties involved, ensuring that marginalized women are not rendered homeless while also respecting the father-in-law's right to enjoy and generate income from his property.
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A daughter-in-law has very few rights to her husband's ancestral property
In India, personal laws govern inheritance. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a family member from the date of her marriage. However, this does not make her a coparcener. The daughter-in-law acquires rights to the family property through her husband's share of the property. This can be either willfully transferred by the husband or received after the husband's death.
The Hindu Succession (Amendment) Act of 2005 grants daughters equal rights as sons in ancestral property, regardless of their marital status. A married daughter has equal rights as a son in inheriting property from a Hindu Undivided Family (HUF) due to the Hindu Succession (Amendment) Act, 2005. She is considered a coparcener, allowing her to claim her share in the ancestral property and demand partition. However, this does not apply to her husband's family's property, where she is not a coparcener and cannot demand partition.
The Supreme Court of India clarified in S.R. Batra vs. Taruna Batra (2006) that a shared household refers to the residence where the woman has lived in a domestic relationship. The court stated that a woman has the right to reside in the shared household where she has lived with her husband, regardless of whether it is owned by her in-laws or her husband. This right is protected under the Domestic Violence Act, 2005, which ensures that a woman cannot be evicted or excluded from the shared household by her husband or his family members.
It is important to note that a daughter-in-law cannot claim any rights on the property that belongs exclusively to her in-laws, and such property is not treated as community property. In the case of a deceased mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires rights only to her husband's share. Daughters-in-law do not have rights over the self-acquired property of their in-laws.
While a daughter-in-law may have limited rights to her husband's ancestral property, these rights are typically derived from her husband's share in the property rather than a direct claim as a coparcener.
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A daughter-in-law cannot assert any rights to property that belongs exclusively to her in-laws
In India, the Hindu Undivided Family (HUF) grants a daughter-in-law the status of a family member from the date of her marriage. However, this does not make her a coparcener, and she does not have the same rights as a daughter. A daughter-in-law acquires rights to the family property through her husband's share of the property, which can be transferred to her by her husband or received after his death.
The daughter-in-law cannot assert any rights to property that belongs exclusively to her in-laws, and such property is not treated as community property. This includes self-acquired property, which is property bought by an individual with their own resources or acquired through their efforts. In the case of the death of a mother-in-law, her share is divided equally among her children, and the daughter-in-law acquires rights only to her husband's share.
The daughter-in-law has a right of residence only until there is a conjugal relationship with her husband. If the property is self-acquired property, the widowed daughter-in-law is not entitled to it. The court states that she cannot even live in the house against the will of her in-laws.
The Hindu Succession (Amendment) Act of 2005 grants daughters equal rights as sons in ancestral property, regardless of their marital status. A daughter is a coparcener and has the same rights as the son and can, therefore, demand partition in her father's HUF property. However, she is not a coparcener of her husband's family and cannot demand partition in the HUF property of her husband's family.
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Frequently asked questions
No, a daughter-in-law cannot be a coparcener in HUF. She is granted the status of a family member from the date of her marriage, but this does not make her a coparcener. She acquires rights to the family property through her husband's share of the property.
A coparcener is a male member born in a Hindu Undivided Family (HUF) who has legal rights to ancestral property. A daughter can be a coparcener in her father's HUF property, but not in her husband's family's HUF property.
A coparcener has the right to demand a partition of the HUF property. They can also dispose of their share in the ancestral property.
A coparcener is a member of a HUF who has legal rights to ancestral property by birth. Before the 2005 amendment, only men were coparceners, while women were considered members and had no right to demand a division of the property.
No, if the father passed away before the amendment date, the daughter cannot claim a share in her father's property.