Rights of a Daughter in Father and Mother Property in India

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A married daughter has the same right in her father’s property as an unmarried daughter, according to the Hindu Succession (Amendment) Act, 2005. This means that she is entitled to an equal share in the property, regardless of her marital status.

The amendment act was passed in 2005 to remove the discrimination against women in the Hindu Succession Act, 1956. The 1956 Act had only given daughters a right to their father’s property if they were unmarried.

The 2005 amendment has been welcomed by women’s rights groups, who have long argued that it is unfair to discriminate against women on the basis of their marital status. The amendment has also been supported by the Supreme Court, which has ruled that it is a step towards achieving gender equality.

However, there are still some challenges that married daughters face in claiming their rights in their father’s property. One challenge is that the amendment act does not specifically mention married daughters. This has led to some confusion and uncertainty about their rights.

Another challenge is that the amendment act does not override the provisions of a will. This means that if a father has made a will that excludes his married daughters from inheriting his property, they will not be able to claim their rights under the amendment act.

Despite these challenges, the 2005 amendment act is a significant step towards gender equality in India. It has given married daughters the same rights in their father’s property as unmarried daughters, and it has helped to remove the discrimination against women in the Hindu Succession Act.

If you are a married daughter who is seeking to claim your rights in your father’s property, it is important to consult with a lawyer. A lawyer can help you understand your rights and options, and represent you in court if necessary.

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