Daughters Rights in Hindu Family

Important Legal Tip to Daughters of Hindu Undivided Family
Hindu Succession Act(30 of 1956)-Section 6-The Amendment Act 2005

Whenever they may have bornĀ – They can claim for partition of the property which has not been partitioned earlier. [But if the same was in effect earlier i.e. prior to 20th December 2004 the same should not bfamily rightse reopened]
The aim of the Amendment is to end gender discrimination in Mitakshara coparcenary by including daughters in the system. Mitakshara is one of the two schools of Hindu Law but it prevails in a large part of the country. Under this, a son, son’s son, great grandson and great great grandson have a right by birth to ancestral property or properties in the hands of the father and their interest is equal to that of the father. The group having this right is termed a coparcenary. The coparcenary was earlier confined to
male members of the joint family.

Despite the Hindu Succession Act being passed in 1956, which gave women the inheritance rights with men, the mitakshara coparcenary system was retained and the government refused to abolish the system of joint family. According to this system, in the case of a joint family, the daughter gets a smaller share than the son . While dividing the father’sproperty between the mother, brother and sister, the share is equal.

The (Amendment) Act 2005 was enacted to remove the discrimination as contained in S.6 of the Hindu Succession Act, 1956 by giving equal rights and liabilities to the daughters in the Hindu Mithakshara coparcernary property as the sons have.

The said Act has come into force with effect from 9/9/2005 and the statutory provisions are not expressly made retrospective by the legislature. The Act is prospective. It creates substantive right in favour of the daughter. The daughter got a right of coparcenary from the date when the amended Act has come into force i.e.9/9/2005. [AIR 2008 Orissa 133]

image source : http://www.thehindubusinessline.com

 

8 thoughts on “Daughters Rights in Hindu Family

  1. This may be out of contest of law. But our life is not only governed by law but also by customs and tradition, I have some questions. No law says that girl family should bare the cost of marriage. No law says that bride has to be sent to groom’s house with lots of gold, money, property etc. No law says that the taking care of pregnant girl is to be taken care only in her parent’s house along with baring her medical cost till delivery, delivery and after delivery. No provision in law for festival gifts to groom’s family. Still these are happening till date even in well educated family. And after marriage according to law the girl remains daughter and part of her parent family but according to tradition which is always followed she is part of husbands family and is not part of her parent family.
    In viewing all these how just is it when a married girl claims for her share in property at the time of being benefited and law also gives her right, while can be moved away from being involved in financial problem of her parent’s family and no law holds her responsibility?

  2. Dear Mr.Pangala n Rao,
    You are absolutely right! But in practice many things happen, all said and unsaid. The great Manthra of the legislature and judiciary is that however the legislature tries to make laws to protect the interest of a particular section of the society, it is upto the people and society to make it work. You are speaking about the continued parental responsibility even after the girl is married. There are cases where the women folk are not at all aware of their rights and totally exploited by the men folk because of their ignorance of their rights to claim. The Men folk are nurtured well and continued in the same house for ever. Whereas in many cases girls are taking a lot of risk to enter the matrimonial house to be amidst total strangers only out of respect for traditional customs and the affection they have towards inlaws and husband.Mr.Pangalan Rao I think all these things may have cropped up in your mind while thinking about your sisters.Do also remember the status of your great wife!!
    Please read the last but one paragraph of my article again.[it gives equal rights/liabilities].
    Regards, keep commenting/discussing. Have a nice day!

  3. I agree with the fact that it is upto the people who gets the use of law for what is meant to.
    But there are also cases (very negligible) where men are exploited by women using rights in the manner which is not fitted for them. And in our country people use their brain to find flaws in law and misuse the same and no law is exempted from it. Because of which people believe more on preachings of Swamijis, Maulas, Fathers. I think it is because Constitution does not tell how to live religiously following the law, and it is just a book which covers not major part of anybodies life. So people have found some other benchmark or idealism for their life. That is how traditions and customs came into play major role in our society. I am not that much well matured to question on traditions which were followed from centuries. And I think this is not the appropriate place to discuss deep into routes of it. Those traditions are to be followed till a way in which both religious values and balance in society is achieved is found and implemented. So married Girl has to go husband’s house and becomes part of his family. And it will be very mean to compensate the sacrifice or change of feelings by giving her rights in the property of her parents. Both are different issues all together. Let the duty and corresponding rights towards parents come from heart and not from law. I know many married girls who are still helping financially their parents. My question was to justify the imbalance in rights/duties of materialistic values with the same kind of things and not the mental feelings.
    Every human being is lived with his/her own things of sacrifices and gains which are big for themselves and many times are not controlled by them. God has created us equal and he gives us what we can digest it, be it good or bad!!
    My comments are not related to my personal life, I am not married also! I just expressed what I have felt living in the society. The law does not depends on how a person feels about its justification rather it should balance the system at any cost.

  4. The karnataka high court in its recent decision has held that a daughter although is made a coparcener , she can not seek her share so long as her father is alive. it says that if the father and his sons decide to partition , then share has to allotted to her as envisaged in the amendment.A daughter gets her share only when the succession opens and not before. In this case although union of India is notified of the matter , no advocate representing union of India has represented the Union of india’s point of view. Any way this appears to be latest interpretation of Section 6 of Hindu Succession Act.I request that

  5. Dear Mr.D.N.L.

    Kindly indicate the exact citation you have reffered, so that we can make our point of discussion more clear.

    Thanks for the comment after a very long time. I await more discussion on this point.

    Regards,

  6. Pls let me know about the rights of woman with respect to the self-acquired property of her father.Whether daughter has equal rights at par with the son? And if so, whether she is able to claim dat property even when her father is alive?

  7. Respected Rekha Prasad

    I would like to know some information about a daughter’s right on her Father,s property. I am from kerala…What i need to know is that- When a daughter can claim for her ancestral property? My marriage was an inter-cast marriage and my father-in-law has thrown my wife out of her house without giving any of her property due to this marriage. Now we are in a difficult situation and we too have child.I am a Christian and my wife is a Hindu. Can my wife claim for ancestral property when her father alive? Are there different laws for different state regarding this? Can she claim for personal acquired property of her father? It would be a great help if you would answer me.

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