Daughters born before 2005 have right in their fathers property
Using its broom on the Indian real estate sector, the Modi government has been leading the sector towards a brighter side. Implementing various policies of Real Estate Regulatory Act (RERA), Real Estate Investment Trusts (REITs), Goods and Services Tax (GST) and Demonetization, the government has been putting efforts to protect the interests of the home buyers.
In its recent initiative, the government worked towards the empowerment of women. The Supreme Court made it clear that daughters will get equal rights in the ancestral property. Moreover, the Hindu Succession Act in 2005 also makes it clear that the law applies to all women, including those born before the year.
A K Sikri and Ashok Bhushan, a bench of Justices said that the amended law restricted that a daughter would be a “coparcener” (one who shares equally in inheritance of an undivided property) since birth. Besides, she will have same rights and liabilities as a son.
Share of daughters in ancestral property could not be denied on the ground that she was born before the law was passed. It can neither be denied saying that the law was applicable in all property disputes filed before 2005 and incomplete when the law was framed.
The bench of justices said, “The law relating to a joint Hindu family governed by the Mitakshara law has undergone unprecedented changes. The said changes have been brought forward to address the growing need to merit equal treatment to the nearest female relatives, namely daughters.”
Saying that the law was amended to give daughters equal status to sons’ in property matters, it said, “These changes have been sought on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected.”
With all the initiatives that the government had been taking in the sector since 2016, the real estate sector of India is surely going to outshine in the coming years.