क्या बेटी ही है बाप की संपति की मालिक? जानें क्या कहता है कोर्ट Daughter Rights In Agriculture Land
Daughter Rights In Agriculture Land – There is often a debate about ancestral property in India—especially when the daughter talks about her rights. Even now many people believe that a married daughter has no right to the land or property of her maternal home. But now the Supreme Court has given a blow to this thinking and has clearly said that a daughter has the same rights as a son—whether she is married or not.
What did the Supreme Court say? Daughter Rights In Agriculture Land –
The Supreme Court, while hearing a case recently, said that if the property is ancestral, then the daughter cannot be deprived of it. According to Section 6 of the Hindu Succession Act, 1956, a daughter is an heir to her father's property in the same way as a son. And this right remains even after marriage. That is, after marriage the daughter does not become an “outsider”.
Does it apply to agricultural land as well?
Yes, the court specifically clarified that a daughter has the right to agricultural land as well, if it comes under the category of ancestral property. That is, if the father had inherited that land from his ancestors, then the daughter will also get an equal share in it. This is not limited to only house or city property.
Let us understand with an example
Suppose a father has 12 acres of agricultural land and he has three children—two sons and a daughter. Then the daughter also has full rights on 1/3 share i.e. 4 acres of land. And she gets this right even after marriage.
Is brother's consent necessary?
Many people believe that the sister will get a share only if the brother says yes. But the law does not say so. Brother's consent is not necessary to give the daughter her right. If someone refuses to give the daughter her share, then she can take legal action.
What if the name is not in the Khasra-Khatauni?
If the daughter's name is not registered in the government records of the land, then there is no need to panic. She can complain to the SDM office or Tehsildar and can also go to court if needed. The law is on her side, just the documents should be correct and strong.
Why is the court's view important?
This decision does not mean relief for just one daughter, but a ray of hope for the daughters of the entire country. It shows that the law will no longer tolerate discrimination in the name of traditions. Now is the time to give daughters their due rights, and not deprive them of their rights by calling them "second home" after marriage.
Can a daughter sell her land if she wants?
Absolutely! If the daughter has got her share legally, then she has every right to sell it. She is the owner of that land and as the owner, she has the freedom to do anything with her property - provided she is doing it legally.
What if the father has not made a will?
If the father does not have a will, then the Hindu Succession Act applies, according to which the daughter will get the share. This does not mean that the daughter can be excluded. And if someone tries to exclude a daughter from the property just because “there was no will”, then it is completely wrong.
Daughters need information and awareness
Many times daughters remain silent because they think that fighting will cost a lot or the people of the house will get angry. But this is a matter of rights. If daughters are aware and prepare the documents properly, then they are sure to get their rights. Also, this message will go to the society that daughters are not weak.
Disclaimer
This article has been prepared on the basis of a recent decision of the Supreme Court and media reports. Its purpose is only to provide general information. Before taking any legal step, definitely consult a qualified lawyer, so that you can protect your rights properly.