THE HINDU SUCCESSION ACT
RIGHT TO PROPERTY
Generally the property can be divided into two types:
- Coparcenary Property
- Self – acquired property
Meaning:
1. Coparcenary Property refers to the property inherited upto four generations of members of a Hindu joint family.
2. Self-acquired property is a property acquired by a person of its own. The person having self acquired property can dispose of the same as per his/ her own wish and to any third person excluding his/ her legal heirs.
Right in Coparcenary Property:
As per the Hindu Succession (Amendment) Act, 2005 now the daughter gets equal right in Coparcenary property and is entitled to equal share in the Coparcenary property. Further, a daughter is now entitled to claim partition in the Coparcenary property from her father.
Claim of right in the property:
The Hindu Succession Act, 1956 (hereinafter referred to as “the Act”) provides the procedure for division of share in the property amongst the legal heirs.
In case a male hindu die intestate (i.e. without forming any will/ deed), his property shall devolve to Class I heirs as defined in the Act which includes his son, daughter, widow, mother etc.
Similarly, the property of a female Hindu dying intestate (i.e. without forming any will/ deed) shall devolve first to her sons and daughters and her husband as provided under the Act.
The share will be devolving equally between the Class I heirs in the above said situations.
Right in property came through partition:
In case the property which was earlier a Coparcenary property has been acquired through partition by the parents, then they become absolute owners of their respective shares and they can deal with the properties exclusively excluding their sons/ daughters. It is pertinent to mention that a son of a divided son (i.e. property acquired by partition) does not get right from his father by birth. The father or mother is free to dispose of the same as per their wish.
Right in the property of your mother:
Section 15 of the Act also carves out an exception i.e. when the property is devolved upon the deceased female from her parents’ side, on her death the same would relate back to her parents’ family and not to her husband’s family.
Similarly, in a case where she had inherited some property from her husband or from her husband’s family, on her death the same would revive to her husband’s family and not to her own heirs.
The self-acquired property of a woman would be her absolute property.
Conclusion:
From the above, it is clear that as per the amended law, now the female/ daughter whether married or unmarried can claim right in the Coparcenary property and is also entitled to claim partition in the said property. However, the father or mother has every right to give away or gift or make a will for the property, in case same is self acquired property. In case of death of father or mother intestate, the same shall devolve on the legal heirs as per the procedure provided under the Act and as mentioned hereinabove whereby married daughter is also entitled to get share in the same.
