Property

Online Property Registration

Soumya Shekhar
Soumya Shekhar 05 min read 108 Views
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It is essential to register the transfer of property in India, under Section 17 of the Registration Act, 1908. This Act governs the registration of transfer of immovable property in India. Registration is compulsory because the person in whose name the property is registered is the rightful and legal owner of the property. Registering a property involves various aspects. Stamp duty is levied on the registration. Registration rules of each state are different and hence, the process of registration depends upon the state where the property is located.

The property description with the number it bears, area, pin code, the property type: flat, plot, agricultural, mode of ownership: purchase, gift, lease, owner’s personal details: Name, age, occupation, parent’s name, proof of property: Title deed, power of attorney, etc. are required at the time of registering the property.

 

Procedure for Registration of Property

Several states have their websites for online registration like Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, etc. For instance, in Bangalore, there is Kaveri Online Services(https://kaverionline.karnataka.gov.in). You can register as a user on these property registration websites. You can enter the details, such as the date of execution of the sale deed, total number of parties, and other details as part of document registration. You also need to provide ID proof-details of witnesses and buyers, property value, and the nature of the property you seek to register.

You can download the registration form for your land and the application form, from the website of the concerned authority’s office in the state. You can also visit the office and obtain the registration and application form offline. Properties in both urban and rural areas come under the jurisdiction of the State Government and are managed under a Tehsil (taluka or mandal). The e-registration of property (housing or commercial rental) is also on similar lines. The process will only differ if the land is vacant or occupied.

 

You will need to furnish the following documents at the time of registering the property:

  • Identity proof of parties- Aadhar Card, PAN card etc.)
  • Two passport photographs of parties involved
  • Sale deed
  • Power of authority in case the party is representing someone else.
  • If a company is a party then power of attorney/letter of authority, along with a copy of the resolution of the company’s board
  • property card
  • Acknowledgement of payment of stamp duty
  • Registration fee

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Registration of Old Property

Registration of old property was slightly different than the properties bought recently. While the law governing was the same, the facilities of online procedure were not available. Registration should be completed within four months of execution of the transfer. Before technology was used, the documents submitted took four months to be returned from the registrar’s office. However, the new registration rules in 2019 and 2020 enable the documents to be returned the same day. It is easier to register a property in the present times than it was to register an old property.

 

Types of Land Registration

Registering property is the last and most important step after one has bought the property. If your property is not registered in your name then it would be difficult to prove ownership in the courts. If in the future some dispute arises then it is essential to have the property registered in your name. There are various ways in which you can register immovable property such as land:

1. Full Property Value: It is one of the simplest and most straightforward ways to execute a property registry. You register your property at the full value which you have paid for the same.

2. Property Value is Higher than Circle Rate: You can register at the full property value if the value is higher than the circle rate.

3. Property Value is Less than Circle Rate: You may register a property which is less in value than the circle rate. However, the difference between the circle rate and the actual sale value of the property is considered as income and is taxed at rates appropriate to the income slab.

4. Bank Valuation: While In some cases, banks insist borrowers register the property at either full property value or higher value.

5. Sale Certificate: Applicable only in the case of bank auction properties.

6. Undivided Share Value/Sale Agreement Value: To register a property at Undivided Share (UDS) is the most common practice. For an under-construction property, the builder signs two agreements with the buyer which are the Sale Agreement and Construction Agreement. The construction agreement is towards the construction cost of the flat/property. Builders register the property at sale agreement value or UDS. This practice is adopted to save stamp duty costs.

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New rules for Property Registration in India 2020

The documents to be registered must be presented in four months starting from the registration date. As of 2020, due to computerization, copies of the documents are available on the same day. If a property is not registered, it will not serve as valid evidence in court. Unregistered property has no legal validity. In case the property is acquired by the government one cannot be entitled to compensation if the property has not been registered.

 

Stamp Duty Charges & Property Registration in India, 2020

Stamp duty which is a tax imposed by the government on the parties dealing in property transfer and is charged by the central and state government. The purchasers must pay the stamp duty charges on the agreement of sales that falls under Section 3 of the Indian Stamp Act, 1899.

Stamp Duty charges differ upon state rules also depends upon:

  • Property Status: Old or New
  • Property Location: rural area, City area, etc.
  • Owner’s age
  • Owner’s gender
  • Property utilization: Commercial or Residential
  • Property type: Flat or house

 

Property Registration Act

If you have entered into a transaction for the sale of immovable property and the value of such property exceeds INR 100, You need to register the same. Section 17 of the Registration Act, 1908 makes such registration compulsory. The Registration Act also provides for which documents are essential for the registration of property and which are optional. Fees for registration vary according to the state. If a property is not registered then it cannot be produced in the court as proof of ownership. Property should ideally be registered within four months of execution of the transfer. A maximum condonation of further four months may be allowed with the penalty for delay in registration. But the document needs to be presented for registration within eight months of execution of the transfer. 

Property registration is a complex procedure and ideally, help from a lawyer should be taken for the same. You should not delay registering your property and get the same registered within the stipulated time.

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DUPLICATE LAND REGISTRATION DOCUMENT
Property

DUPLICATE LAND REGISTRATION DOCUMENT

Moving houses is a pain! Often in the process of moving, we end up losing important documents. A land registration document as proof of ownership. Losing a land registration document may not bode very well for you. You do not have to worry as there is a provision to obtain a duplicate land registration document.

 

How to get a duplicate land registration Document?

You should follow certain steps in order to get your duplicate land registration document. These steps are: 

  • File a police complaint

A land registration document is a crucial document. If it gets lost, then you should file a complaint with the police. The owner of the house should only file this complaint. He should also explain the complaint and state that the original documents were lost, misplaced, or stolen. Keep the copy of the complaint filed as it may be used to obtain the duplicate land registration document. 

  • Give an advertisement in the newspaper

Like with all lost things, one should publicize that a land registration document is lost and give the return address in the advertisement. If, within a certain time, no one comes forward to return the document, then you can proceed to the next step. 

  • Make an Application for the Certified Copy of the Land Registration Document

You will have to obtain a Form 22 application, either online or from the sub-registrar’s office. Fill this form and submit it with the sub-registrar to obtain a duplicate land registration document. If the document you have lost/misplaced is a patta record, you also have to apply it to the revenue office. 

  • A duplicate copy of the Land Registration Document

Once you have applied to receive the certified copy of the document, you need to pay a certain fee to the relevant department. After the fee has been paid, a duplicate copy of your land registration document shall be issued. Many would think that what if I had a photocopy, could I use that? The answer is no! You should always try to get a legally certified copy of the document which is lost. A land registration record is proof of ownership, and hence, you should always follow the due procedure of obtaining a duplicate copy of the land registration. 

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Documents Required to Obtain Duplicate Land Registration Copy

When you apply for a duplicate land registration copy, you should also accompany your application with certain documents. These documents are: 

  • Copy of FIR: As a first step, you should always file a complaint with the police. Keep the copy of the complaint with you and attach it with the application you file before the sub-registrar to get a duplicate copy of your land registration document. 

  • Copy of newspaper advertisement: You should also attach a copy of the advertisement you published in the newspaper along with your application form. This would enable the sub-registrar to know that you still have not found the lost/misplaced document despite trying. 

  • Copy of share certificates issued: Typically, you are given share certificates when you buy a piece of land. Keep them secure and attach copies of them when applying for a certified duplicate copy of land registration. 

  • Notarized undertaking: A notarized undertaking should also be given along with the application form. 

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Obtaining a duplicate copy of the land registration document should not be a harrowing experience if you know all the right steps to take. Remember to keep all your documents in order before applying for a certified duplicate copy of the land registration record.

All you wanted to know about Online House Registration
Property

All you wanted to know about Online House Registration

If you have bought or otherwise acquired a house, this transaction needs to be registered. House registration is necessary for two reasons: 

  1. Every State maintains land records. The land record of every piece of land records the persons who have rights over that land. Hence, the land record for your house will reflect who has ownership over that house. For instance, if you are the owner, then it will mention you as the owner; if you have an easement over the land, then it will mention you as an easement-holder, and so on. 

  2. Unless you have inherited the house, the transaction by which you have acquired the house will not take effect until the transfer deed is registered. If this is the case, you need to register the house to acquire legal rights over it in the first place. 

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House Registration Process

You will have to register your house with the local Sub-Registrar of Assurances, who has jurisdiction over the locality in which your house is located. 

Most states now allow some steps of house registration online. Depending on your State, a house registry online will be available for some (but not all) house registration procedure steps. For the remaining step[s] of the online house registry, you will need to visit the Sub-Registrar’s Office. Even in states which allow the maximum number of steps online, you have to make a single visit to the Sub-Registrar’s office.

The process typically involves the following steps:

  1. Book an appointment. You will get an appointment letter. 

  2. Pay the prescribed registration fees. You will get a receipt for the fees paid. 

  3. Present/Upload a copy of the transfer deed (the legal document by which you acquired the property, such as a Sale Agreement) and the identity proofs of the parties and witnesses. 

  4. The parties, and the witnesses, have to be physically present at the Sub-Registrar’s office at the date, and time, mentioned in the appointment letter. If all documents are in order, the Sub-Registrar will register the deed and return the original deed with the deed's registration number mentioned on it. 

Depending on your State, Steps 1, 2, or 3 can be done online. However, in every State, for Step 4, the parties and the witnesses must be present. 

The online house registration procedure for a rented house is the same as the online house registration procedure for any other house. 

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Online House Registration Check List

This online house registry checklist will help you ensure that all the requirements of the house registration procedure fulfilled: 

  1. Ensure that the transfer deed (the legal document by which you have acquired your house, such as a Sale Deed, a Gift Deed, etc.) is, in writing, signed by the parties, attested by at least two independent witnesses, and executed on stamp paper of value equal to the stamp duty payable on the transaction. 

  2. Pay the registration fees, and take a receipt. If your State allows this step to be done online, carry the receipt with you when you visit the Sub-Registrar’s office. 

  3. Some states may require you to present a true copy of the transfer deed. The Registration Rules of your State will specify this and tell you how to make a true copy (if a true copy is required).

  4. If this step is allowed to be done online in your State, upload copies of photographs, and identity proofs, of the parties and the attesting witnesses. In any case, carry copies, and originals, of all these documents at the time of visiting the Sub-Registrar’s office. 

  5. Ensure that all the parties and the attesting witnesses are present at the Sub-Registrar’s office on the appointment date and time. 

  6. The original transfer deed will be returned to you. If registration has been successfully done, ensure that the registration number is mentioned on the original deed with the Sub-Registrar's seal and signature.

SUPREME COURT JUDGMENTS ON ANCESTRAL PROPERTY
Property

SUPREME COURT JUDGMENTS ON ANCESTRAL PROPERTY

The Supreme Court in recent years has always taken a gender-neutral stand when it came to division of property between daughters and sons. The judiciary continues to take progressive steps towards making succession law more women friendly. In its 11 August 2020 landmark judgment in Vineeta Sharma v Rakesh Sharma, a three-judge bench of the Supreme Court held that daughters and sons have equal coparcenary rights in a Hindu undivided family (HUF). In its decision, the Supreme Court clarified two points:

  • coparcenary rights are acquired by daughters on their birth; and

  • fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.

Supreme Court Judgment on Parents’ Property

The 2005 amendment conferred equal status on both sons and daughters of coparceners. Prior to the 2005 amendment, coparcenary rights were granted only to male descendants (ie, sons) of coparceners. However, while the 2005 amendment sought to grant equal rights to sons and daughters, the wording gave rise to various lacunae, which led the Supreme Court to issue contradictory rulings on this issue.

Until the Vineeta Sharma judgment, equal status was granted only to daughters whose fathers  were alive when the amendment came into force on 9 September 2005. The Supreme Court upheld this view in 2015. However, in 2018 the Supreme Court issued a contradictory ruling in Danamma v Amar, granting two daughters of a coparcener rights in their father's property even though he had passed away in 2001.

According to the decision in Vineeta Sharma, equal rights conferred on daughters of coparceners by the 2005 amendment apply from birth, irrespective of when their father dies. The Supreme Court has clarified that the 2005 amendment applies retrospectively and not only in cases where the father was alive on the date on which the 2005 amendment took effect.

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Supreme Court Judgments On Ancestral Property

The decision of Vineeta Sharma has important implications for division of ancestral property. This ruling applies subject to the condition that the ancestral property should not have been partitioned by the father before 20 December 2004. As long as the property remained ancestral property and was not partitioned as of this date, a daughter can now claim an interest therein.

As per Hindu Law, a person automatically acquires the right to his or her share in the ancestral property at the time of their birth. An ancestral property is the one which is inherited up to four generations of male lineage. A property is regarded ancestral under two conditions - if it is inherited by the father from his father, that is the grandfather after his death; or inherited from the grandfather who partitioned the property during his lifetime. In case, the father acquired the property from grandfather as a gift, it will not be regarded as an ancestral property.

A son can claim his share in an ancestral property even during the lifetime of his father. In any case, the applicant seeking his share in the property must prove his succession. However, the act does not count a stepson (the son of the other parent with another partner, deceased or otherwise) among the Class I heirs.

The court, in some cases, allows a stepson to inherit the father’s property. For instance, in a case addressed by the Bombay High Court, the applicant was the son of a deceased Hindu woman’s issue with her first husband. The woman acquired the property from her second husband who did not have any legal heir except his wife. The court upheld the stepson’s claim and declared that after the woman’s death, her son - the stepson of the second husband - could claim his succession over the property. This decision was made when the nephews and grand-nephews of the deceased second husband claimed title to the property.

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Supreme Court Judgments On Father's Property

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. But in certain situations, a son may not receive his share in his father’s property. These situations include a father bequeathing his property to someone else by way of will. 

The Supreme Court has time and again given progressive decisions and has made devolution of property a more equitable arrangement.

DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY
Property

DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY

The life of a girl is governed by the numerous roles she plays during her lifetime. Her rights and responsibilities vary according to the position she acquires in the family. Be it the daughter, daughter-in-law, mother or a wife, the uniqueness attached to each of the positions, demands a separate set of rules which govern her obligations and what all she is entitled to. Unlike sons, who have been bestowed with the inherited authority to claim the self-acquired property of their parents; the rights of their wives do not fall in the same bracket. To add to it, the rights of the daughter and daughter-in-law are also not the same when it comes to the self-acquired property of the in-laws.

Rights of Daughter-in-Law in Ancestral Property

A daughter-in-law has very few rights in her husband’s ancestral property. Personal laws govern inheritance in India. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a member of the family from the date of her marriage, but this does not make her a coparcener. The daughter-in-law acquires rights to the family's property through her husband’s share in the property (either willfully transferred by the husband or received after the demise of the husband). The daughter-in-law cannot claim any rights on the property which exclusively belongs to her in-laws, and such property shall not be treated as shared property. In the case of the deceased mother-in-law, her share will equally devolve amongst her children, and the daughter-in-law will acquire rights on her husband’s share only. The daughters-in-law do not have right over the self-acquired property of her in-laws. She acquires right over in-laws property only through the share of her husband in the property.

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Property Rights of Daughter-In-Law

The property passed on from one generation to the other comes under the category of ancestral property. But when the partition happens, the ancestral property gets converted into self-acquired property.

When there is a division of property in a Joint Hindu Family, the daughters enjoy equal right along with sons, the daughter in law has no right in the property of her in-laws. She acquires rights to the in-laws’ property only through her husband. The daughter of one family becomes the daughter-in-law of another family after her marriage. She has full rights in the property of her father even after marriage but limited rights in the property of her in-laws.

A married woman is a member of the Hindu Undivided Family (HUF) but is not a coparcener. The daughter-in-law has a right on the share of the property, which her husband has acquired in the HUF property. But she cannot claim anything over and above this. In case the mother-in-law dies, her share shall get divided amongst her children, and the daughter-in-law will be entitled to the part which has fallen in her husband’s share. 

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Property Rights of Daughter-In-Law in India

After the death of her husband, i.e., as a widow, a daughter-in-law has the right to her husband’s property left behind by him. This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband.

The daughter-in-law has a right to residence only till the time matrimonial relationship exists with her husband. The right of residence is there even if the house is a rented accommodation. If the property is a self-acquired property of, her father-in-law, daughter in law has no right of residence as the said house is not a shared house because the husband has no share in it.

A widowed daughter-in-law has right of maintenance from her father-in-law under certain conditions only, as prescribed in Hindus Adoption and Maintenance Act, 1956.

Several court orders say that a daughter-in-law has a right of residence in a shared household under the Domestic Violence Act. Even if the house is not owned by her in-laws, and the husband has no ownership rights in the said house, a daughter-in-law has the right to reside. From time to time, courts have ruled that a woman has a right to residence in such a property as long as the matrimonial relationship between her and her husband remains intact. However, the Supreme Court has ruled that a married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated as a shared property.

If the property happens to be a self-acquired property, the widowed daughter-in-law does not have any right on it. The court further says that she cannot even live in the house against the wishes of her in-laws.

Know About Daughter's Rights in Mother's Property
Property

Know About Daughter's Rights in Mother's Property

Under Hindu law, a mother turns into the property owner regardless of whether she gets it through a will or by any other method. It becomes self-acquired property for her. In case the mother has inherited ancestral property from her father, i.e., even though the property is ancestral; it turns into the mother's self-acquired property. There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling and husband of the deceased mother. In law, married daughters can uphold their right by filing a suit in the court for devolution of property as per the Hindu succession act.

The property of a mother devolves as per Hindu Succession Act, 1956, and the act applies to intestate succession. According to Section 15 of the Act, the following persons inherit a woman's property after her death.

  • Her children

  • Children of pre-deceased children

  • Husband

  • Mother and Father of the deceased mother

  • Heirs of husband

  • Heirs of father and mother

Though, during the mother's lifetime, only the mother has a right to claim her share in her father's property. As the daughter or son of such a mother, the individual can file a suit for partition through a power of attorney, which the mother will execute in her children's name.

On 11th August 2020, in the case of Vineeta Sharma vs. Rakesh Sharma, the Supreme Court of India passed a milestone judgment expressing that the Hindu Succession (Amendment) Act, 2005 will have a retrospective effect. The Amendment made in 2005 corrected Section 6 of the act to be in consonance with the constitutional belief of gender equality. The Amendment has now given a daughter equal rights as the son. The case settled the matter in inquiry; regardless of the Amendment made in 2005, it considered the daughter to have the similar right as of a son in the coparcenary property irrespective of the father being alive or dead before 2005. Father's death will not obstruct a daughter's right from claiming her share in coparcenary property. 

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DAUGHTER'S RIGHT IN PROPERTY

Until the Amendment in 2005, daughters had no right to property. They were merely members of the family and did not have a share in the property. After marriage, a daughter was viewed as a part of her husband's family. But now, a daughter has certain rights that can be exercised.

As per the Hindu Succession Act, 1956:

  • Both married and unmarried daughters now have a legal right to their father and mother's property.

  • Daughters can now also become the manager or Karta in ancestral property.

  • Daughters have the same rights and obligations as their sons.

  • Daughters have an equal right to be coparceners. 

 

MARRIED DAUGHTER'S RIGHT IN MOTHER'S PROPERTY

A married daughter has equivalent rights in her mother's property as the son, in the event where the mother dies intestate; the married daughter inherits the share equally with the son according to the Act of 1956. The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.

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DAUGHTER IN LAW'S SHARE IN MOTHER IN LAW'S PROPERTY

Hindu Undivided Family (HUF) awards a daughter-in-law the status of a HUF member; however, it doesn't make her a coparcener. The daughter-in-law acquires HUF property rights through her husband's share in the HUF property (either given by the husband or received after the death of the husband). The daughter-in-law cannot claim any right on the property exclusively to her in-laws. On account of her mother-in-law's demise, her children will get the share in her property, and the daughter-in-law will acquire the rights only of her husband's share. And thus, the daughters-in-law do not have the right to self-acquired property of her in-laws. In Jitendra Kumar v Varinder Kumar the Punjab and Haryana High court held in 2016, the daughter in law cannot claim the self-acquired property of her in-laws. Similarly, in the case of SR Batra v Taruna Batra, the Supreme Court held that a mother-in-law-owned house could not be claimed as a shared household. The daughter-in-law cannot claim her right over such property.

Know about Daughter's Right in Parental Property
Property

Know about Daughter's Right in Parental Property

Before independence, it was uncommon for a daughter to get a share in the paternal property. In 1956, the Hindu Succession Law came about. It made the succession laws uniform. However, this law too favored the male heirs. People thought that a daughter would get married and become part of someone else's family, and hence, giving her share in the property would alienate the property. 

Women had absolute ownership over their property but had no coparcenary rights over the ancestral property. This Act discriminated against women solely based on their gender and violated their fundamental right to equality under Article 14 of the Indian Constitution. 

To do away with the Act's discrimination against women and enact a gender-neutral law, an amendment was done to the Hindu Succession Act, 1956. The Hindu Succession Act, 2005 (the 'Amendment Act') was enacted, which gave daughters a right to their parent's property. 

Section 6 of the 1956 Act was also amended and was made to include under its ambit that the liabilities and rights in the parental property shall be the same as the rights and liabilities of a son.

After the 2005 amendment to the Hindu Succession Act, a daughter's share in her parental property became the same as that of the son. The Act gives an 'unobstructed heritage' or a birthright to both daughters and a son in the parental property.

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Daughter's Right in Father's Property

The Mitakshara School of Hindu Law covers the concept of coparcenary, i.e., parental property succession to the coparceners. Initially, the daughters were not given any rights in the family's parental property, but after the 2005 amendment to the Hindu Succession Act, the daughter's right over her father's property was put on the same pedestal as the son's right over the property. 

 A daughter's right over her father's property was only available if the property was ancestral. In this case, if the property was worth Rs. 10 crores, both the son and the daughter will receive equal parts of the property, i.e., Rs. 5 crores each. 

If the father's property was self-acquired, he could decide not to give any share to his daughter or create a Will as he thinks fit. The Amendment Act of 2005 gave daughters a right over their father's property only if it was an ancestral property owned by the father and did not consider any self-acquired property owned by the father. If the father dies without a Will, then the self-acquired property is also divided equally amongst the sons and daughters.

The marital status of a daughter doesn't affect a daughter's rights and liabilities. The recent supreme court judgment clarified that even married daughters are considered coparceners. 

 

Daughter's Right in Mother's Property

The aspect of a daughter's right in her mother's property is generally not given attention, but it is also an important part of the Hindu Succession Act. 

A woman having any property is the absolute owner of that property. The fact that the woman has inherited the property received it as a gift or through a Will doesn't matter since it eventually converts into a self-acquired property. 

The devolution of the property is according to the Hindu Succession Act, and there is no difference since the daughters have the same rights as the sons in their mother's property. Also, there is no distinction in the Act for married or unmarried daughters, but an important thing to keep in mind is that a married daughter has no right over her mother's property during the lifetime of the mother.

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Recent Supreme Court Judgments on Daughter's Right on Property

The rights of daughters in the parental property have gone through development over a span of many years in India. Supreme Court, through these years, gave some very important judgments in this regard and has molded the law into the way it is today. 

One of the earliest cases relating to daughters' rights in her parent's property was  Prakash & Ors. vs. Phulavati & Ors. In this case, the Supreme Court held that "the rights of coparceners under the Amendment Act, 2005 apply to the living daughters of living coparceners as on 9th September 2005, irrespective of the birth date of daughters." 

Hence, if a father who is a coparcener dies before 9th September 2005, then the living daughter of the coparcener would have no right to the parental property and cannot inherit it. The Amendment Act of 2005 will not be applicable in such situations where the coparcener had died before the Act's commencement. 

Further, in the case of Danamma vs. Amar Singh, the Supreme Court held that if the father who passed away before 9th September 2005 is a coparcener and there is a prior suit pending regarding partition by a male-coparcener, then the daughter is also entitled to a share in the parent's property.

The Court reasoned that Section 6 of the Act is applicable in a retrospective manner and confer an absolute right to daughters in the parental property. 

The contradicting decisions of both the cases created confusion among people regarding a daughter's share in the parental property, but this was solved in Vineeta Sharma vs. Rakesh Sharma & Ors.

The Supreme Court, in this case, held that Section 6 (1) (a) of the Amendment Act, 2005 gives an "unobstructed heritage" to the coparcener. A coparcener has a birthright over the ancestral property and the fact that whether the father was alive or dead on the date of the amendment is irrelevant. The Court also held that Section 6 of the Amendment Act should be applied retroactively, which would help daughters benefit from succession based on their birth. 

This judgment cleared the air and gave daughters an equal right in the parental property as the son. The amendment will also apply to living daughter of living coparceners irrespective of her date of birth.

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