शादी में दहेज के बाद बेटी हो जाती है बेदखल? देखें नई अपडेट Dowry Property Rights 2025

Dowry Property Rights 2025– After the Hindu Succession Act 1956 and its amendment in 2005, daughters have also been given equal rights as sons. Meaning – whether the daughter is married or not, she will get the same right in the father's ancestral property as a son gets. Now the daughter is not considered a 'burden', but an equal heir of the family.

Dowry and property rights – no connection!

It is a big misconception that after receiving dowry, the daughter has no connection with the property. In fact, giving and taking dowry is a crime under the law. And if someone believes that by giving dowry, they can now remove the daughter from the property, then this thinking is completely illegal. There is no connection between dowry and property rights.

What did the High Court say?

In a recent case, daughters demanded a share in their father's ancestral property. In response, the family said that the daughters were given a lot of dowry at the time of marriage, so now they have no right over the property. But the High Court completely rejected this argument and said that dowry cannot be a substitute for property. A daughter has a legal right to her father's property from birth and it cannot be abolished just by marriage or dowry.

What logic did the court give?

The court clearly said that the daughter's right starts from birth. It is not a gift that someone can give or take away. The daughter's share in the ancestral property is legally fixed and this right remains only until it is legally taken away - and dowry cannot be its basis.

What does the court look at in such cases?

If the case reaches the court, some important things are considered –

How much is the father's property, is it ancestral or self-acquired, how many heirs are there, whether a will was made or not, and is there any concrete evidence of dowry being given at the time of marriage or there are only claims. But even then, if the property is ancestral, the daughter's right cannot be taken away.

Can the daughter be removed from the will?

If the property is earned by the father himself and he has not clearly given anything to the daughter in the will, then the case becomes a little weak. But if the will is not made and the property is ancestral, then the daughter will get an equal share of it, no matter how much dowry was received at the time of marriage.

What did the daughters learn from this decision?

This decision of the High Court is a big relief for the daughters. Now it is completely clear that dowry, which itself is a social evil, cannot become a substitute for property rights. If a daughter feels that injustice has been done to her, then she should fight for her rights without fear.

What should the daughters do?

If you are married and you feel that you are not being given your rights in the property, then first of all see the documents related to your father's property. If the matter is not resolved through talks, send a notice, and if necessary, file a case in the court. Nowadays, a daughter can also take an equal share by filing a Partition Suit. Consult the right lawyer and keep all your documents safe.

Do daughters of every religion have these rights?

This law mainly comes under the Hindu Succession Act. There are different personal laws for other religions like Muslims, Christians, etc., in which the rights of daughters are decided differently. Therefore, if you are from another religion, the laws there work differently.

Disclaimer

This article is written for general information purposes only. The legal points mentioned in it are based on recent decisions of the High Court and the Hindu Succession Act. Before taking any legal action, definitely consult a qualified lawyer.