Under Indian law, questions around property rights—especially when it comes to daughters—often create confusion. One of the most common doubts families face is whether a married daughter has the same right in her father’s property as a son. The answer, as clarified by the Hindu Succession Act and legal experts, is yes. Marriage does not take away a daughter’s right to her father’s property.
The Hindu Succession Act, 1956 was amended in 2005, bringing a landmark change in inheritance laws. After this amendment, daughters were granted the same rights as sons in ancestral property. This reform was aimed at ensuring gender equality and removing discrimination in property matters.
According to the amended law, a daughter becomes a coparcener by birth, just like a son. This means her right to property is not dependent on whether she is married or unmarried. From the moment she is born, she holds an equal stake in the family’s ancestral property.
One of the biggest misconceptions is that a daughter loses her right to her father’s property after marriage. Legal experts clearly state that marital status has no bearing on inheritance rights. A married daughter has the same entitlement as an unmarried daughter or a son.
She can also legally demand her share during the partition of a Hindu Undivided Family (HUF) property. The law treats sons and daughters at par, ensuring fairness in the distribution of ancestral assets.
The amendment to the Hindu Succession Act came into effect on September 9, 2005. An important clarification provided by experts is that for a daughter to claim her right under this amendment, she must have been alive on this date.
It is not mandatory for the father to be alive on September 9, 2005. This is because a daughter’s right flows from her birth, not from the date of her father’s death. Therefore, even if the father passed away before 2005, a daughter who was alive when the amendment came into force can still claim her rightful share in ancestral property.
To better understand this, consider a practical example shared by a taxpayer from Noida. He has one brother and one sister, and their sister got married in 1999. Their father passed away before the year 2000. The key question was whether the married sister still has a claim in the father’s HUF property.
According to tax expert and chartered accountant Balwant Jain, since the sister was alive on September 9, 2005, she is legally entitled to an equal share in the ancestral property. Her marriage before 2005 does not nullify her rights.
In such a scenario, the father’s property would be divided into three equal parts—among the mother, the son, and the daughter. All three are considered legal heirs and coparceners.
However, it is important to note that while the law prescribes equal rights, the actual division of property can be different if all parties mutually agree. With consent, an unequal distribution is also legally permissible.
Yes, a daughter can voluntarily relinquish or waive her share in the property if she chooses to do so. This must be done legally, usually through a written and registered relinquishment deed, to avoid future disputes.
From a taxation perspective, there is an important compliance requirement. For the Income Tax Department to recognize the partition of an HUF, a complete partition of the property is mandatory. Partial partitions are not accepted under tax laws.
Additionally, a formal order confirming the full partition must be obtained from the jurisdictional Income Tax Officer. This ensures that the partition is legally valid and recognized for tax purposes.
In summary, a married daughter has an equal and undeniable right in her father’s ancestral property, just like a son. This right is rooted in her birth and protected by the Hindu Succession Act after its 2005 amendment. Families dealing with property matters should be aware of these provisions to avoid disputes and ensure lawful and fair distribution of assets.
