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Situations where Daughters can and cannot claim father's property

IamCheated.com Research Team | May 16, 2019  6:47:pm

Situations where daughters can and cannot claim father's property

After the Hindu Succession Act, 1956 was amended in 2005; daughters have equal rights to parental property. Before this amendment, only sons had rights on the parental property. Even though the law says daughters have equal rights in the parental property, many fathers prevent their daughters from getting their due rights.

So, it is very important for every girl and woman to know their rights as daughters in the parental property. In this blog, we will discuss the situations where daughters can and cannot claim a share in father's property. 

See Also: Property Rights Of Daughters In India

Situations where daughters can and cannot claim father's property

1. If the property is ancestral

Ancestral property is a property acquired by your great grandfather, which has been passed down from generation to generation, up to the present generation without being divided. Till 2005 only sons had rights to the ancestral property, but after the amendment in the Hindu Succession Act, even daughters got equal rights in the ancestral property. So, in the case of ancestral property, the father cannot give the property to anyone he wants. Daughters have an equal right on the property by birth.

2. If the property is self-acquired by father

Daughters have no right on the property, if it is self-occupied by her father. Self-occupied property is a property which is bought by her father with his own money. If the property is self-occupied by her father, he has all the rights to gift or will it to anyone he wants. In such a case, daughters do have the right to raise an objection.

3. If the father dies without a will

If the father dies without making a WILL, the property will be divided equally among all the legal heirs. As per the Hindu Succession Act, a male's heirs are categorized into four classes and the inheritable property goes first to class I heirs. Class I heirs consists of widow, daughters and sons. As the property is equally divided among class I heirs, the daughter will have the right to a share in father’s property.

4.  In case the daughter is married

Prior to the amendment of the Hindu Succession Act in the year 2005, daughters were considered only as members of the Hindu Undivided Family (HUF), and not coparceners. As soon as the daughter was married, she was not considered as a member of the HUF. But, after the amendment of the Hindu Succession Act in 2005, the daughter was considered a coparcener and her marital status would not change her right over father's property.

The amendment to the Hindu Succession Act was carried out on September 9th, 2005. If the daughter was born before or after September 9th, 2005, it will not make any difference to her right over father's property. But, if the father had died before 2005, the daughter would not have any right over the ancestral property and the self-acquired property would be divided according to the father’s will. For a daughter to get a share in her father's property, the father had to be alive on September 9th, 2005.

See Also: Property rights after death of husband

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