Parents
Empower your Princess by granting her equal rights in inheritance. Embrace equality to ensure unity and harmony in your family.
Indian legal system provides equal inheritance rights to the daughters
In 2005, Hindu Succession Act was amended to grant equal inheritance rights to daughters. As a parent, it’s crucial to be fair with your daughters and ensure they receive an equal share in the inheritance. Though pressure from sons and other relatives may arise to deny them their rightful portion, doing so can lead to family disputes and legal battles.
By providing your daughter with her rightful inheritance, you contribute to a stronger, more harmonious family dynamic. Moreover, it fosters independence and confidence in your daughter, reducing the likelihood of her experiencing domestic violence or other abuses, leading to a happier life. We strongly encourage you to take the RY pledge, supporting equal inheritance rights for daughters.
This page provides essential information about legal inheritance rights and offers guidance for a brighter future. Together, let’s promote equality and empower our daughters to thrive in every aspect of life.
Legal Context
On September 9, 2005, Hindu Succession Act was amended to bring significant changes, it eliminated gender-based discrimination from the act and granted daughters equal inheritance rights. Here are the key provisions of the Amendment Act:
1. Coparcenary Status at Birth: Daughters of coparceners are automatically conferred with coparcenary status at birth, just like sons.
2. Equal Rights in Coparcenary Property: Daughters are entitled to the same rights as sons in the family’s coparcenary property.
3. Equal Responsibilities: Along with equal rights, daughters also share equal responsibilities for the coparcenary property.
4. Equal Share: Daughters now receive an equal share in the ancestral property, similar to sons.
5. Eligibility to be Karta: If a Hindu woman is the eldest family member, she now has an equal right to become the Karta of the Hindu Undivided Family, a privilege that was previously denied.
6. Formation of Joint Family: Women can now establish their joint family and start a coparcenary, thereby gaining increased financial independence.
Case Law: Danamma v. Amar Singh (2018)
In a significant case, Danamma v. Amar Singh (2018), two daughters, along with their widow mother, contested the partition lawsuit. The High Court initially ruled in favor of Amar Singh, but the Supreme Court overturned this decision.
The Supreme Court’s ruling clarified that Section 6 of the Act operates retroactively. Regardless of whether the father passed away before or after the 2005 Amendment, daughters are recognized as coparceners. Consequently, the property was divided into five equal parts, providing each of the widow, two daughters, and two sons with an equal share.
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Changing Parents Mindset
Changing parental mindsets is vital to eliminate discrimination between sons and daughters during property distribution. While challenging, this shift is essential for smooth inheritance. Parents must recognize that discrimination can lead to family disputes and prioritize spreading love and harmony within the family.
Moreover, equal property rights for daughters also impact important Hindu rituals like Pinddaan and Barsi. These rituals require the presence and participation of daughters, contributing to ancestral happiness in a happy and loving family setting.
To ensure fair property distribution, it is advisable for parents not to create a will that favors one gender over the other. A will that does not provide equal portions to daughters can lead to legal complications and disputes within the family.
Benefits of Equal Inheritance Rights:
Granting equal rights to daughters strengthens family bonds and minimizes the risk of sibling rivalry, resentment, and disagreements. Treating all children equally fosters togetherness, trust, and respect, creating a more harmonious succession process within the family.
Furthermore, daughters with equal property rights also share responsibilities with their brothers, providing additional support to parents as they age. This cooperation contributes to a more supportive and caring family environment.
How you can contribute
Support us on Social Media
Follow, like and share us on social media, such as Instagram and Facebook to create awareness of the mission.
Talk about your inheritance
Start a discussion about your inheritance with your friends and family members. Share links of this website with them.
Sign the Pledge
As a family sign the RY Pledge to give equal inheritance rights to daughter(s) and son(s) of the family.