Yes, in this scenario, the married daughter most likely has rights in both the properties of her parents, despite the revenue documents being transferred to the son's name.
Mother's Property (Died in 2003):
If the mother died intestate (without a will), the daughter (married or unmarried) has an equal share in the self-acquired property along with her brother as per the Hindu Succession Act, 1956. The date of death (2003) is significant because the daughter's coparcenery rights were granted through the 2005 amendment, but they are applicable retrospectively.
Father's Property (Died in 2006):
The Hindu Succession (Amendment) Act, 2005, came into effect in 2005. Since the father passed away in 2006, the daughter has an equal coparcenery right in his self-acquired property, irrespective of her marital status.
As per the Hindu Succession Act, 2005, both married and unmarried daughters have legal rights to their father and mother’s property. Let’s delve into the specifics:
Daughter’s Right in Father’s Property:
Before the 2005 amendment, daughters did not have any rights to their parents’ property.However, the Amendment Act of 2005 changed this landscape. Now, a daughter’s right to her father’s property is on par with that of a son.
If the property is ancestral, both the son and the daughter receive equal shares. For instance, if the property is worth Rs. 10 crores, each would inherit Rs. 5 crores.
If the father acquired his own property, he has the discretion to decide whether to include his daughter in its distribution through a Will.The recent Supreme Court judgment clarified that even married daughters are considered coparceners and have equal rights.
Daughter’s Right in Mother’s Property:
While less commonly discussed, a daughter also has rights in her mother’s property.The Hindu Succession Act grants married daughters an equal share in ancestral property.However, a married daughter cannot transfer or give away her share while she is alive. Wills are the only means through which she can transfer ownership of her portion.
In summary, the married daughter does indeed have rights in her parents’ property, both from her father and her mother. These rights are protected by law, ensuring equal treatment regardless of marital status
Regarding the Transfer of Documents:
The transfer of revenue documents to the son's name might be a tactic to exclude the daughter from her inheritance rights. It doesn't necessarily negate her legal right to a share in the property.
