Unmarried Grand-Daughters In UP To Get Right In Ancestral Assets
The year 2005 marked the start of a new ear as far as property rights of women in India are concerned.
An amendment in Section 6 of the Hindu Succession Act, 1956, that brought women in India on a par with men in matters of ancestral property. Before the amendment was made, married daughters did not have a share in their father's property. Even unmarried women had the position of only a member in a Hindu Undivided Family (HUF), and not of a coparcener. Sons, on the other hand, were coparceners as well as members. While a coparcener can ask for partition of a property and to get the shares under the Hindu law that also applies to Jains, Sikhs and Buddhists, a member could only ask for maintenance from an HUF property.
Now, the Uttar Pradesh government is going firm up the stance to strengthen the position of women as far as their rights in ancestral property are concerned. According to media reports, the Yogi Adityanath-led state government will introduce a Bill in the Legislative Assembly that would assure maiden grand-daughters who have lost their father a share in the ancestral property.
The Revenue Code (Amendment) Bill, 2018, is likely to be tabled in the ongoing Budget Session of the state Assembly which starts on February 8.
"The UP Revenue Code (Amendment) Bill, 2018, will be introduced in the Assembly Session. In this, amendments have been made in clauses 108 and 110 in the original act (Uttar Pradesh Revenue Code, 2006) to give rights over ancestral land to grand-daughters who have lost their father," a government spokesperson was quoted by PTI as saying.
It is worth mentioning here that under the amended Hindu law, an unmarried daughter is considered the dependent of her father, and would get an equal share in the property. In case the property remains undivided after the death of her father, the deceased man’s legal heirs must provide her maintenance under the provisions of the Hindu Adoption and Maintenance Act, 1956.
With inputs from Housing News