A woman plays a vital, different, and equal role in this world as same as the man, as a daughter or a wife or a mother. However, we might not be able to value her roles in society as it is not in hands of a one-person, for this, we need to change our mentality, thinking, and actions as the whole societies. Though, the last thing we can do to value her role in society is by securing her place in society.

Property is a backbone for people to maintain their sustainability of life. In the past, men used to inherit property from their ancestors or else captured vacant areas and got registered that property in names. In today’s era, all the vacant areas are with the Government, no one could maliciously capture any vacant areas.

The women in India have always been neglected in the matter of their rights. One such example is that of the Right to inherit property. The women were not entitled to the share in the ancestral property. Over time, increasing awareness and modernization have made the scenario a little better and now we can say there is no discrimination between genders and no inequality in this aspect too.


As after the Amendment in 2005, in Hindu Law, the Section 14 of Hindu Succession Act, 1956 states that “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”. Most of the women are not aware of their rights, as they are having the misconception that women do not have any rights over the parental property. As per the amendment made in the Act, now women have equal rights in the property.

The Amendment came into effect on 9th September 2005 and applies to the various castes of Hindus apart from Sikhs, Buddhists, and Jains.

Now let’s discuss the rights of the daughter and married women in detail.

  1. Daughter:

  • A Daughter now has given a right of inheritance in her father’s property.
  • She has given equal rights and will be allotted the same share as of the sons. She has also the right to get the share in her mother’s property.
  • Daughter now has the right of residence if she is unmarried, divorced, widowed, or deserted. However, married daughter has no right to shelter in her parents’ house. Nor maintenance charge for her being passed on to her husband. However, she has a right of residence if she is divorced, widowed, deserted.
  • She has all right to the assets, which she has earned or has been gifted to her. This also includes the assets which were given to her through a Will.
  • She can dispose of her share as per her choice either by selling, through a Will, or by gifting to another person.
  • Various rights have now been given to the daughter after the amendment comes in the Hindu Succession Act, 2005 the discrimination between the genders in the society has now vanished.
  • The daughter also has to bear liabilities of the family in the same manner as the son.
  1. Married woman:

  • A married female is the sole owner and manager of her assets whether she has earned, been willed, or been gifted to her. She does not have the right to ask for maintenance from her own blood parental family after she is married.
  • Married women have a right to their fathers’ property provided at the demise of the father was after the year 2005.
  • She has the right to gift what she owns in parts or as a whole to anyone without any interference.
  • She has been provided with the right of residence and to receive maintenance from her husband.
  • If she’s a member of a joint family, she is entitled to receive support and shelter from the family. Equal share as of her husband, jointly with his mother and her children ( if her husband dies). Equal share as any other member, in the case of partition in the family.
  • Mother, being a Class I heir in the Inheritance Law. She has the right to be provided with maintenance from her kids who can support her.
  • If she dies without leaving a Will, her assets will be divided equally among her children irrespective of their gender.
  • She also has the right to dispose of her share of the real estate as per her wishes.
  • A widowed mother is entitled to an equal share as of her son, in the case of a joint family.
  • A woman whether she is a daughter or a wife or a mother deserves to get equal rights as her male counterpart.


Women should be treated with the same respect and love as anyone else in society. In India, mostly women give up their careers because of their married life and spend their whole life as homemakers. Even those women who are highly educated or earned higher degrees. Thus, it is not only necessary but it is also a responsibility to protect the rights of the women. Make sure that they do not suffer financially, emotionally, or physically. It is very essential to safeguard the rights of women in the property for securing their future life financially. She deserves an equal share in the property of her parents as her brother and as her husband in the property of her in-laws.

By Parita Kaushik

Associate at Law Offices of Kr. Vivek Tanwar Advocate & Associates

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