Property rights for women

According to Section 14 of the Hindu Succession Act of 1956, “Any property owned by a female, whether acquired before or after the Act’s commencement, may be retained by her as the whole owner and no longer as a limited proprietor.” According to this rule, the woman is unquestionably the rightful owner of her possessions. Many women are still unaware of their rights and are under the mistaken assumption that they only have limited control over their property, in spite of those modifications. The Center has made several actions to strengthen girls’ property rights by presenting various legislative revisions. 2005 saw the Act include new provisions.

The Hindu Succession Act was amended in 2005, and in accordance with those changes, daughters were given the same rights as coheirs. The count has been murky, though, because the change was only seen on the day it was announced and is no longer taken into account for incidents that occurred before 2005. To set the record straight on this, the Supreme Court (SC) ruled in a historic decision on August 11, 2020, that daughters had the same rights as coheirs under the Hindu Succession Act, regardless of when the modification took place. According to the Supreme Court, a daughter acquires her coparcenary rights through birth.

As a result, even if the father is no longer living at the time of revisions made in 2005, the restrictions under the Act still apply. Additionally, the daughter’s rights to coparcenary property are no longer affected by her marriage.

Mothers’ rights to property

• Mother has the right to get renovation from her children who can help her since she is the major heir (Class I) under the Inheritance Law.
• Without a will, if the mother passes away, her property may be equally distributed among her children, regardless of the gender of the children.
• She retains the right to dispose of her share of the assets in the manner of her choosing.
• A widowed mother has the same rights as her son in the case of a joint family.

Daughter’s rights to property

• Currently, a daughter has the same inheritance rights to her father’s possessions as a son. She also gains the right to receive a share of her mother’s estate.
• Discrimination based on gender is illegal, in accordance with the 2005 modification of the Hindu Succession Act. The update gave the daughter a variety of privileges.
• She is subject to the same obligations as the boy.

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