As per the amendment made to Hindu Succession Act, 1956, in 2005, daughters have been given the legal right to get an equal share in ancestral property.
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Sometimes it may happen that a person dies without writing a will and in this situation, often a dispute arises between the heirs over inheritance of the ancestral property. Many times it is also seen that a person prepares his will while he is alive, but it is not followed which ultimately leads to a legal battle. There are clear laws regarding property inheritance where it is clarified, who is entitled to which property and who is not. But, despite this, daughters are deprived of their rights compared to sons in most of the cases.
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As per the amendment made to Hindu Succession Act, 1956, in 2005 daughters have been given the legal right to get an equal share in ancestral property. This law was made in 1956 for the provision of claiming rights on property. After the 2005 amendment, the daughter also will have an equal right on the father’s coparcenary property (ancestral property of a Hindu undivided family) as the son. Today, we will tell you when daughters can claim their rights on their father’s ancestral property.
However, if the father is alive and has transferred his self-acquired property to the sons or grandsons, then the daughters have no right to claim it. If the father died and the property has been transferred through a will, then the daughter may challenge that will in court on valid ground if any. But, if the father has died without writing a will, then the daughters have the equal rights in the property of the deceased father like the sons.
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If he dies intestate (without making a will), then under the Hindu Succession Act, of 1956, all Class 1 heirs (the wife, children and mother of the deceased) will have an equal share in the property.
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On the other hand, in case the father has bought land, buildings, or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give his self-acquired property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his own property, then the daughter cannot claim the property.
