Supreme Court on Daughter Right: Daughters Not Alien, Full Rights Over Father's Property

Under Hindu Law, there was a constant need to change the law regarding the right to property of women, and the law has been changing from time to time. The Parliament enacted the Hindu Succession Act in 1956, and women were given property rights.

Law and beliefs are two different things in India. Validations and practices continue hereafter; many laws are also made. One such tradition has been going on for centuries that sons will have the right to the father's property and not to daughters. (It has been argued that daughters are alien and their home is to be settled elsewhere. Where they married, She will go and get the right to whom she will get married, but in recognition of this, the fundamental rights of the girl were seen to be violated somewhere, after which the court status was knocked on this subject.

What the Supreme Court said (Supreme Court Big Judgement)?

The responsibility of deciding whether the daughters have the right to the wealth of the father or not, now came to the court to determine. The court also ordered that daughters will also get equal rights to the father's property. In this way, a bad practice came to an end, and daughters were also given the right to rights over the father's estate. But it has many legal ramifications. In Hindu, law property is divided into two categories - ancestral and self-employed. The inherited property includes the acquired assets of men that have never been divided up to four generations ago. On such features, children have a birthright, whether son or daughter. 

Before 2005, only sons were entitled to such properties. However, after the amendment, the father cannot arbitrarily distribute such assets. That is, he cannot refuse to share the daughter. Law As soon as the daughter is born, she is entitled to ancestral property. But self-employed means that only the daughters' claim becomes weak in the father who has made his property. In it, if the father wants, he can give, if he does not wish to, he will not have to offer. Let us understand what the Supreme Court finally gave its verdict.

The Sons Remain Only Till Marriage- SC

The court said in its critical remarks, daughters are always daughters. The sons remain only till marriage, that is, even before the amendment in 2005, if a father has died, the daughters will get an equal share of the father's property with the son or sons. The Supreme Court has said in a recent decision that by amending the 2005 Hindu Succession Act, the system of giving equal rights in the ancestral property to daughters also applies to women who are born before 2005. The Supreme Court said that the law guarantees that daughters will be partners from birth. They will have all the rights and responsibilities that a son has from birth. The daughter's share in paternal property cannot be denied because she was born before the 2005 law. It is essential to know what rights the daughters have in the capital.

What Was the Law Before?

Under Hindu law, there was a need to continually change the code on the right to property of women, and the law has been changing from time to time. The Parliament enacted the Hindu Succession Act in 1956, and women were given property rights. Before this law, the property of women was interpreted in two schools of Hindu law, Mitakshara, and Daibhag. 

High Court Advocate Naveen Sharma states that in the 11th century, Vigyaneshwar wrote Mitakshara, and Jimutavahana wrote the title. Under Mitakshara, sons were given birthrights in an ancestral property, whereas women did not have these rights. According to the interpretation under the Mitakshara School, it is said that the members of women will be nurtured and arranged for their marriage. If the woman is in need, some part of the property was given to her for her maintenance, but after the woman dies, that part of the property is included in the joint family, ie, the woman did not have the right to sell it. In Bengal, Mitakshara has been in trend across the country.

Women Have Full Rights Over Women

Under Hindu law, women had full rights over the woman from the beginning. Women have full rights over the jewelry etc. which were available to women at the time of marriage. Whatever material is given to the boy and the girl for frequent use at the time of marriage, it is said to be all women and women have full rights over it.

The Hindu Succession Act of 1956

According to Advocate Murari Tiwari, the Parliament enacted the Hindu Succession Act in 1956 to give women rights in property and under which women were given rights in the property. All efforts were made to eliminate the considerable contradiction in this law. Under this, women were given further rights than limited rights. The woman was given full rights over the property she would get and could sell it in her lifetime. The father's estate gave the daughter equal rights to the son. Even if the daughter is married, she still holds the rights in the father's farm.

2005 Amendment to Act

Under this, women were given equal rights as sons in ancestral property. The daughter was made a partner in the paternal property right from birth. Daughter and son were made similar officers in father and parental property from birth. Under this, the daughters were also empowered to get the agricultural land distributed. At the same time, in the event of a marriage breakdown, she can go to the father's house and get equal status like a son. That is, he will have the same rights in the father's house as the son has. Both sons and daughters were given equal status from birth.

How Much Right in the Husband's Property?

After marriage, the woman does not have any ownership rights in the husband's property. According to the status of the husband, the woman is paid alimony in the event of a rift. After the husband's death, the woman gets a share in the husband's ancestral property. He has the right to live in his in-laws. 

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