Daughter-In-Law's Rights: Claiming Father-In-Law's Property

In India, the rights of daughters to their father's property have evolved over time. The Hindu Succession Act, enacted in 1956, established a framework for property inheritance rights. A significant amendment to the Act in 2005 addressed daughters' rights, and since then, daughters have had equal legal entitlement to their father's coparcenary property. However, this does not extend to daughters-in-law, who cannot claim their father-in-law's property under this law. While a daughter can claim her rights in her father's property, a daughter-in-law cannot claim any rights on the property that exclusively belongs to her in-laws.

Daughters-in-law cannot claim father-in-law's property under the Hindu Succession Act

The Hindu Succession Act, 1956, established a framework for property inheritance rights in India. The Act was introduced to simplify inheritance laws and confer greater rights on women. The Hindu Succession (Amendment) Act, 2005, granted coparcenary rights to daughters, giving them the same rights as sons when it comes to inheriting property.

Despite these laws, daughters often face challenges in securing their rightful share compared to sons. Daughters can now seek a partition of their father's coparcenary property, claiming their equal share as their siblings and other coparceners. They can also bequeath their share of the property under their will to any beneficiary they choose.

However, the Act does not give daughters-in-law the same rights. Daughters-in-law do not have any legal right to the self-acquired property of their in-laws. They can only acquire rights to their in-laws' property through their husband's share in the property. This can be either willfully transferred by the husband or received after the husband's demise. In the case of a self-acquired property of the father-in-law, the daughter-in-law has no right of residence as the house is not considered a shared household because the husband has no share in it.

Therefore, under the Hindu Succession Act, daughters-in-law cannot claim their father-in-law's property. Their rights to their in-laws' property are dependent on their husband's share, and they have no claim to property that exclusively belongs to their in-laws.

Daughters can claim their father's self-acquired property if there is no will

In India, the Hindu Succession Act, enacted in 1956, established a framework for property inheritance rights. A significant amendment to the Act was made in 2005, which specifically addressed daughters' rights. Since then, daughters have had equal legal entitlement to their father's coparcenary property (ancestral property within an undivided Hindu family) as their sons.

The 2005 amendment grants daughters equal rights to inherit ancestral property, similar to sons. It allows daughters to be coparceners in joint family property, ensuring gender equality in inheritance laws and empowering women with equal property rights. The Supreme Court of India has ruled that daughters have equal rights as sons in ancestral property, regardless of the father's death date.

According to the amendment of the Hindu Succession Act, 1956 in 2005, Section 6 (1) of the Act grants daughters the status of a 'coparcener' in Hindu Undivided Family (HUF). Black Law Dictionary defines 'coparcener' as a person to whom an estate descends jointly, and who holds it as an entire estate, that is, a person who has become a concurrent owner as a result of descent. Thus, a daughter as a coparcener shares equal property rights in a HUF property from birth. The daughter remains a coparcener irrespective of her marital status and can ask for a partition of the HUF property.

It is important to note that a daughter's right to her father's property does not extend to self-acquired properties unless mentioned in the will. However, if the father dies without a will, daughters have an equal claim on a self-acquired property as Class I heirs. Every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property.

Additionally, daughters born before 1956 are entitled to an equal part of the family property, according to a 2005 ruling by the Supreme Court. Under the Indian Succession Act of 1925, daughters might have claimed their portion of their father's self-acquired property prior to 1956.

Daughters have equal rights to their father's ancestral property

In India, the rights of a daughter-in-law to claim her father-in-law's property are only applicable if they acquire rights through their husband's share in the Hindu Undivided Family (HUF) property. This can be achieved through the willful transfer of property by her husband or by receiving it after his demise. However, a daughter-in-law cannot claim any rights to property that exclusively belongs to her in-laws, and such property is not treated as shared property.

On the other hand, daughters in India have equal rights to their father's self-acquired or ancestral property, similar to their brothers. This equality is ensured by the Hindu Succession (Amendment) Act, 2005, which grants daughters the status of 'coparceners' in HUF property. The Act applies even if the father was not alive at the time of the amendments, and a daughter's marriage does not affect her rights.

The Supreme Court of India has ruled that daughters have equal rights to ancestral property, regardless of the father's death date. This means that a daughter can claim her share in her father's ancestral property even if he passed away before the Hindu Succession (Amendment) Act, 2005, as the amendment is retrospective.

It is important to note that the Hindu Succession Act is only applicable to Hindus, Buddhists, Jains, and Sikhs. Additionally, in cases where there is a will, the proportion of each child's inheritance may differ based on the arrangements made by the father.

Furthermore, there are certain circumstances under the Act where an heir may be disqualified from inheriting property. For example, if a son or daughter is found guilty of murdering or abetting the murder of their father, they are disqualified by law from claiming a share of the property upon succession.

In conclusion, while a daughter-in-law's rights to her father-in-law's property are dependent on her husband's share, a daughter has equal rights to her father's self-acquired or ancestral property as her brothers, thanks to the amendments made to the Hindu Succession Act in 2005.

Daughters cannot claim their father's property if it was sold or transferred before his death

In India, the Hindu Succession Act, 1956 governs the transfer of property after the death of the father. Under this law, the property of the father would pass to his legal heirs, which include his widow, children, and their descendants. Daughters have an equal share in ancestral property and self-acquired property, which is legal and cannot be contested in any Indian court.

However, there are certain conditions under which a daughter may not be able to claim her father's self-acquired property. If the father has sold or transferred the property before his death, the daughter cannot claim it as part of her inheritance. The father can choose to distribute his self-acquired property as he wishes during his lifetime, and a daughter does not automatically have the right to an equal share alongside her siblings in this self-acquired wealth.

In the case of ancestral property, a daughter has a stronger claim. A daughter's right to her father's ancestral property is not affected by her marital status or the date of her birth. If the father dies without a will, his property will be equally divided among his legal heirs, which include daughters. If a daughter dies before her father, her children can claim her share of their grandfather's ancestral property.

It is important to note that the law has evolved over time, and there have been differing opinions within the Indian judiciary. The Supreme Court of India has played a key role in ensuring the right to equality for daughters, with landmark judgments in 2020 and 2023, confirming that daughters have equal rights to coparcenary property as their brothers, irrespective of the date of the 2005 amendment.

Daughters can claim their mother's self-acquired or inherited property

In India, a daughter-in-law cannot claim her right over her father-in-law's property. A daughter-in-law acquires rights to Hindu Undivided Family (HUF) property through her husband's share in the HUF property. If the father-in-law dies, his share will devolve upon his children, and the daughter-in-law will acquire rights to his share through her husband.

However, daughters in India do have the right to claim their mother's self-acquired or inherited property. According to the Hindu Succession Act of 1956, daughters have equal rights to their mother's self-acquired property as their sons. Daughters can claim their mother's self-acquired property after her death if she dies without a will. If a will was prepared before the mother's death, the properties will be handed over according to the wishes mentioned in the will.

The transfer of property from mother to daughter can be made possible through several legal ways, including gift deeds, sale deeds, wills, or through the principles of intestate succession. Daughters have the same rights and obligations as their sons, and both married and unmarried daughters have a legal right to their mother's property.

It is important to note that the legal framework for property inheritance in India has been influenced by patriarchal traditions and gender-related social values that have historically excluded women from possessing property rights. However, legislation and changing attitudes have slowly started to rewrite this scenario by giving equal shares to daughters over their mother's property.

To summarise, daughters in India can claim their mother's self-acquired or inherited property, and the rights of a married daughter are the same as those of an unmarried daughter.

Frequently asked questions