PROPERTY
In a general, sense, property is any physical or virtual entity that is owned by an individual or jointly by a group of individuals. Any tangible or intangible thing that is owned by a single person, a group of people, or both is considered property. The property right is belonging to the owner. Property is the word ‘thing’, over which a person has control for use, is the most significant part of the concepts of ownership and property in this contract to use his property for consumption, sale, rental, mortgage, transfer, and exchange.
Definition of property
Transfer of property act 1882 has no definite definition of the term property. However, it is defined in some other acts as per their use and need. Those definitions are;
Section 2(11) of the sale of goods act 1930 defines property as:
“Property” means the general property in goods and not merely a special property.
Section 2(c) of the Benaim transaction (prohibition) act, 1988 defines property as
“Property” means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.
PROPERTY RIGHTS OF A DAUGHTER UNDER THE HINDU SUCCESSION ACT
Property rights of a daughter under the Hindu succession act can be divided into two phase
- Property rights of a daughter under Hindu succession act 1956
- Property rights of a daughter under Hindu succession act 2005
Hindu succession act 1956
According to the Hindu succession act 1956, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu undivided family. As per this act, the person who is born into the Hindu undivided family will become a coparcener by birth.
- HINDU UNDIVIDED FAMILY
A Hindu undivided family is a group of people, who are the lineal descendants of a common ancestor. This group of people includes three generations of a family and all these members are recognized as coparceners. All the coparceners get the right over the property from birth.
- RIGHTS OF COPARCENERS AND FAMILY MEMBERS
The rights of coparceners and the rights of family members are different. Coparceners have the right to over the partition of the property and get the shares. The family members are mother and daughter, they have the right of maintenance from the HUF property, and when the partition of the HUF took place.
- MARRIED WOMEN
After getting married, the daughter would no longer be a part of the father’s HUF and would no longer be eligible for support or share of the Hindu Undivided family property.
Hindu succession act 2005
The Hindu succession (amendment) act, 2005 was enacted to remove gender discrimination from provisions in the Hindu succession act 1956. Under the amendment, the daughter of a coparcener shall by birth become a coparcener n her right in the same manner as the son. The daughter shall now have the same rights in HUF as a son.
The amendment repeals section 6 of the Hindu succession act 1956 which became a milestone in the history of women’s rights in property was a deletion of the old one under section 6 of the act and inserting a new provision.
The amended provision under section 6 states that the daughter becomes coparceners in the property of the joint Hindu family by birth, acquiring similar rights and liabilities to that of a son. As women’s rights in property and undivided property were quite alienated and highly fragmented in the Hindu law
section 23 of the Hindu succession act was amended by leaving it out which discriminated against female heirs who wanted to seek any partition in the home of the intestate left before the male successor did. The Hindu succession act which was in effect before 2005, as the female rights were restricted to dwell in that house that too only in case she being unmarried, separated, deserted, or a widow, making them subject to the whims and fancies of the male family members.
Section 24 omitted in the amended 2005 act which discriminated against three categories of women related to the intestate as the widow of a predeceased son, the widow of a predeceased son, or the widow of a brother by their remarriage on account of the opening of the succession.
Section 30 under the act substitution of words from disposed of by him to disposed by him or by her was done to make it gender neutral which is the objective of this amendment.
And, certain additions were done to the schedule under the subheadings of class I heirs, to give an equal treatment of lineal descendants of the daughters as to that of a son.
PROPERTY RIGHTS OF A DAUGHTER-IN-LAW UNDER THE HINDU SUCCESSION ACT
A daughter-in-law has very few rights in her husband’s ancestral property. In India, inheritance is governed by personal law. Since the day of her marriage, the Hindu undivided family accords a daughter-in-law the status of a family member; however, this does not make her a coparceners. Because her husband owns a portion of the land, the daughter-in-law gains rights to it ( either wilfully transferred by the husband or received after the demise of the husband ) property that is solely owned by the in-laws cannot be claimed by the daughters-in-law and is not considered to be joint property. In the demise of mother in law, her shares will be equally divided among their children, and the daughter-in-law will acquire only the rights to her husband’s share only. The daughter-in-law does not have any separate right over the in-law’s property.
After the death of her husband, i.e. as a widow a daughter-in-law has the right to her husband’s property left behind by him. This property can be either ancestral or self-acquired. The right acquired by her is an s a widow of the deceased husband. The daughter in laws has a right to residence only till the time the matrimonial relationship exits with her husband. The right of residence is there even if the house is rented accommodation. If the property is a self, acquired property of her father law daughter in law has no right of residence, as the said house is not a shared house because the husband has no share in it
REFERENCES
1.2ND EDITION, DR.S.R. MYNENI, LAW OF PROPERTY(transfer of property, easements and wills )
2. Soumya shekhar, daughter in law’s rights in ancestral property
https://www.legalkart.com/legal-blog/daughter-in-law%E2%80%99s-rights-in-ancestral-property
3. R. Sai gayatri, Evolution of daughter’s rights to property in India
Evolution of daughter’s right to property in india – a step towards equal rights
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