Rights of a Daughter to Ancestral Property.

The progress made in India regarding women’s inheritance and property ownership rights has resulted in women being more confident and vocal in wealth planning and management. This shift in attitude is due to advancements in Indian succession laws. This article provides an overview of the rights of daughters to ancestral and self-acquired property in India.
Understanding the Two Types of Property in India: Ancestral and Self-Acquired In India, property can be divided into two categories: ancestral and self-acquired. Ancestral property is property inherited by four generations of male lineage and remains undivided throughout the period. Self-acquired property, on the other hand, is property purchased by the father with his own funds.

Daughters’ Inheritance Rights When Property is Ancestral Inheritance Rights if Daughter is Married Regardless of their marital status, daughters have the right to inherit their father’s ancestral property. The Hindu Succession Act underwent an amendment in 2005 that recognized daughters as coparceners in ancestral property, granting them an equal share as sons.

Inheritance Rights if Daughter is Not Married Both married and unmarried daughters have equal rights to their father’s property as their brothers, including the same duties and liabilities as their brothers.

Inheritance Rights for Daughters and Fathers Prior to 2005 Amendments to Hindu Succession Act Daughters have the same inheritance rights as sons at the time of partition, regardless of whether they were born before or after September 9, 2005. A landmark ruling by the Supreme Court in August 2020 established that a daughter is entitled to a share in ancestral or coparcenary property under the Hindu Succession (Amendment) Act of 2005, even if her father died before the amendment was enacted.

Daughters’ Inheritance Rights When Property is Non-Ancestral or Self- Acquired In the case of self-acquired property, the father has the right to dispose of it in any way he chooses, including not passing it down to his children. Sons or daughters may not receive self-acquired property if the father chooses not to give it to them.

Inheritance Rights of Daughters in the Absence of a Father’s Will Daughters have the same rights as their brothers to inherit their father’s property when he dies intestate (without a will).

Inheritance Laws for Muslims in India Muslim personal laws apply in the case of non-testamentary succession, as per the Muslim Personal Law (Shariat) Application Act, 1937. Muslim laws for succession are not codified and are based on four sources of personal Islamic law: the Holy Quran, the Sunnah, the Ijma, and the Qiya. Inheritance of property in Muslim law comes only after a person’s death and not by birth, unlike the Hindu Succession Act. Muslim law does not create any bias between the rights of men and women, and both become legal heirs of the inheritable property once the ancestor dies. However, in some cases, Muslim males receive a double share compared to Muslim females because women receive Mehr and maintenance from their husband, while men are duty-bound to maintain their wives and children.

Inheritance Laws for Christians, Parsis & Jews in India: Christians (and Jews) are governed by the Indian Succession Act, 1925, specifically by Sections 31 to 49 of this Act. Under this Act, Christians inherit equally, irrespective of gender. If the father or mother dies intestate, a daughter would inherit equally as her brother(s). In case the deceased leaves behind a widow and lineal descendants, the widow gets one-third share in the estate, and the remaining two-thirds go to the lineal descendants. If there are no lineal descendants but another relative is alive, the widow will get half of the share

Zero Is a Hero: Reducing Gas Emissions in the Haulage Industry

The time for throwing rubbish out of the window indiscriminately and leaving your lights on all day and night have passed – people care about the environment now more than ever. With heightened awareness and focus on sustainability, many new laws and regulations have been passed. However, not everyone needs a rule to keep the earth as clean as possible – some people just need a little help.
Three years ago, the UK government asked those in the haulage industry to decrease their greenhouse emissions. With the steep request of a 15% reduction by 2025, many companies wondered if that was possible, especially if they wanted to keep up with their transport contracts. The Department of Transport assured them it was.

The Plan

To help those in logistics meet this hefty goal, the Department of Transport put their heads together and studied roadblocks (both literally and figuratively) that drivers could run into. After all, fulfilling an ever-increasing number of transport contracts while simultaneously lessening their carbon footprints is an admittedly challenging task.

The plan they came up with, known as the ‘Road to Zero’, contained the following information:

• The most practical fuel to use (diesel is frequently recommended). • Road congestion and how to handle it. • The Energy Saving Trust. This initiative was recently launched and provides advice for more environmentally-friendly freight forwarding.

The Endorsement

The FTA has empathetically endorsed this voluntary target, by publicly voicing that they understand how conquering this challenge is no easy feat. However, they also believe that ensuring the environment is protected is important, and that hauliers should remain motivated to meet these new emission goals head on as they complete their transport contracts.

The Help

Luckily, some advice for how to actually do this has come to light, turning what some believed was a pipedream into a tangible reality. The Logistics Emissions Reduction Scheme was recently relaunched by the FTA; the ambitions of this initiative are very similar to the UK government’s objective for Heavy Goods Vehicles to become more energy efficient.

Bringing this scheme back into the light will be exceptionally helpful for hauliers who care about the environment as much as their transport contracts. By recording and reporting their vehicle’s carbon emissions, it will be much easier to begin to make a reduction. Monitoring how much fuel they use and how much gas they’re producing is the first step towards reaching the final goal of 15%.

The haulage industry and environmental protection don’t have to be at odds, even if the goal proposed by the UK government may seem overwhelming to begin with. Luckily, hauliers will not be left blindly in the dark. The FTA and the re-emergence of the Logistics Emissions Reduction Scheme will be with them every step of the way, helping them move past any potential roadblocks and enabling them to deliver their loads and deliver on their reduction promises.

Norman Dulwich is a Correspondent for Haulage Exchange, the leading online trade network for the road transport industry. Connecting logistics professionals across the UK and Europe through their website, Haulage Exchange provides services for matching drivers with appropriate transport contracts. Over 5,400 member companies are networked together through the Exchange to fill empty capacity, get new clients and form long-lasting business relationships.