03/01/2017
Daughters' Right
Son is required to run the family name further, seems the same phrase we are listening since years. Sons got all the right in a family including family name that’s pretty tricky. It’s a traditional phrase we heard, daughters are a responsibility which needs to get rid of some day. As our society follow tradition like these, we believe all the wealth belong to the Son.
Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had the complete right to their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family.
Daughters’ rights
Earlier, once a daughter was married, she ceased to be part of her father’s HUF. Many saw this as curtailing women’s property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.
However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.
Equal right to be coparceners
A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great-grandfather. Now, women of the family can also be a coparcener.
• Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.
• Both ancestral and self-acquired property can be a coparcenary property. While in the case of ancestral property, it is equally shared by all members of the coparcenary, in the case of self-acquired, the person is free to manage the property according to his own will.
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