Many of the fathers who invest in buying a property are unaware of the property rights. Earlier, as per our tradition in Indian Hindu families, only sons get to enjoy the property share what father has left. But now things are changing with the established of the Hindu Undivided Family (HUF) law in which the daughters also have equal rights on the property like sons. I have seen so many families where they invest a huge amount of money to purchase luxury villas for sale in OMR, ECR, Anna Nagar, and other posh locations of Indian cities. But the thought their daughter’s marriage is stopping them from providing equal property rights what their sons already have. With the new law proposed by the Government of India, this tradition is changing and now daughters get what the law lists even if they get married.
What is HUF?
The property rights for daughters and sons were different until the HUF act was later amended in 2005 since 1956. Now every daughter would be entitled to have an equal share in the father’s property. According to the pre-HUF, daughters only get to enjoy the sustenance until they’re married and moved to another family. But now even married women have got equal rights on the father’s property after the amendment of Hindu Succession Act.
Let’s see the things to keep in mind about the daughter’s property rights.
1. Before the amendment: Earlier, daughters do not get equal share once if they got married and would be considered for their husband’s family. Now, whether the daughter is married or unmarried, she gets to be the ‘Karta’ of her father’s property. As there can be more than one Karta, daughters have the right to manage their father’s property. Also, if there is an absence of a man in a family, then the women have all the right to be appointed as Karta and involve in all the discussions regarding the HUF property.
2. Remember, daughter as a part of her husband’s family cannot act as coparcener as she gets only what her husband’s rights or whatever the share he gets. But the daughter has an equal share of the father’s property until the daughter and father are alive.
3. After the amendment: After the amendment of the Hindu Succession Act, the daughters have complete right to have a share of the property and also to become the Karta of the father’s HUF.
4. Although, the daughters in the family will only get the coparcener rights. Other females who come into the family by marrying their sons are only treated as members and will only be entitled to what the husband’s share is. Though they are not allowed to ask for partition, but can be entitled to maintenance.
Example: Mr. Rajesh has one daughter and one son. He bought an individual house for sale in OMR with a huge amount of money. Like how his son gets an equal partition of his father’s property. The daughter is also entitled to have an equal share and also can be appointed as the Karta of the Mr. Rajesh’s HUF property. If his daughter gets married and moves to her in-law’s house, then she is considered as only a member of her husband’s house but she can be entitled to be a Karta of her husband’s share. The property rights vary from father’s house and husband’s house.
5. If the daughter is not alive at the time of partition, then the sons can receive the share. If the daughter and her children aren’t alive at the day of the partition, then the grandchildren have got complete right to receive the share.