Right of a married daughter in property.
While doing scrutiny of revenue records in Maharashtra many time it is noticed that, names of female members are recorded in other rights of the 7/12 Extract, but specific share is not recorded before their names, this kind of situations always creates confusion in mind of purchaser. At the time of doing drafting of documents and making payments for purchase of land it is necessary for the purchaser to have idea about the exact share of the seller but present style of maintenance of revenue records fails to determine exact share of owners. Many experts are of the opinion that today every daughter is having equal share in the property of her father, but it is
not correct, said provision is not a blanket provision and is not applicable for every case.
Right of a daughter in father’s property depends on many situations including date of her marriage, date of demise of her father etc.

Previously it was practice to give dowry on the marriage of daughter, though this system was not correct but it was an amicable family settlement and this system was a style of giving little assets
to daughters.

History of Woman’s right over ancestral property:-

Initially only male members of the family were having right over father’s property

1937:- in 1937 Woman’s Right To Property Act was passed and some rights were given to widows in family, but said rights were restricted up to her use of said property and it was not allowed her to claim partition of the property but it was allowed to use said property for her whole life.
1956 :- in 1956 Hindu Succession Act was passed and major stapes were taken by the Legislatures to protect rights of the female members in the family. Following are few important provisions related with rights of female members of the family.

Section 14 in The Hindu Succession Act, 1956
14. Property of a female Hindu to be her absolute property.
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.- In this sub- section," property" includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.


(2) Nothing contained in sub- section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

Section 23 in The Hindu Succession Act, 1956
(Repealed by new Act.)
23. Special provision respecting dwelling- houses. Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling- house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling- house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein: Provided that where such female heir is a daughter, she shall be entitled to a right of residence
in the dwelling- house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

After this amendment equal right was given to widow that means after this amendment widows are entitle to claim partition in property. But same major was not available in case of dwelling houses and Section 23 of said Act restricts her right only up to use of dwelling house and it was not allowed her to claim partition in house, said provision was repealed in the year 2005 And now female member can claim partition in dwelling house also.

Provision of notional partition in old act.
Earlier also right was given to female member of family, but it was now a equal right with the help of following example we will explain said provision.


Ramrao Deshmukh (Deceased)

Shyamrao (son 1), Vitthalrao ( son 2), Govindrao (son 3), Sitabai ( widow), Geeta ( married daughter)
Deceased Ramrao Deshmukh was owner of 03.Hector 00 ARS agricultural land bearing S. No. 53, of Village Kaldari, Taluka Purandar, District Pune, he died on 1st January 1990 leaving behind him 3 sons , 1 widow and 1 married daughter. His property will be divided in following manner
Total 3 hectors = 300 gunthas
1 share of deceased Ramrao + 1 Share of widow ( given by act of 1937) + 3 Shares of sons ( 1 each) = 5 share
300/5 = 60 Ars
Ramrao (deceased) = 60
Sitabai ( widow)= 60
Shyamrao ( son1)= 60
Vitthalrao (son2)= 60
Govindrao (son3)= 60
Now again we have to divide share
of deceased in equal parts of 5 i.e. 1 of widow, 3 shares of 3 sons and 1 share of daughter.
60/5= 12
Therefore said property will be divided in following manner
Sitabai (widow)= 60 +12 = 72
Shyamrao ( son1)= 60 +12 = 72
Vitthalrao (son2)= 60 +12 = 72
Govindrao (son3)= 60 +12 = 72
Geeta ( daughter)= 12
It shows that this previous provision was a injustice towards daughters but actually that system was followed because in earlier period father of the daughter have to bare heavy dowry for the marriage of the daughter and therefore there was no need of separate provision for share of female member in property of father. But there was a acceptable demand from society for equal share of daughters in fathers property and accordingly steps were taken by Government of Maharashtra and on 22th June 1994 Government of Maharashtra amended law and equal share was given to every daughter, but for claiming equal right she should be member of his father family on 22th June 1994 that means a daughter who’s marriage is performed on 21st June 1994 will not have equal share but she will have nominal right as per notional partition, but if marriage of a daughter is performed on 23rd June 1994 in that case she can claim
equal right in her father’s property.
In 2005 Government of India made amendment in Hindu Succession Act and provisions of act enacted by Government of Maharashtra were incorporated in Hindu Succession Act. It is clear from these discussions that the daughters who were unmarried on 22th June 1994 can only claim equal right in her father’s ancestral property, otherwise she will get share as per notional partition.

Rohit Ramesh Purandare

M.A, B.Com, LL.B, G.D.C & A, D.I.P.L., D.I.M.