In India, most parents accumulate assets for their children and sometimes even make a will so that there is no dispute over the distribution of the property after their death. But if a person does not leave a will, the property is shared equally among the children.
This includes both sons and daughters. The law has given equal rights to sons and daughters over the father’s property.
Daughters also have equal rights.
According to the amendment made in the Hindu Succession Act in 2005, daughters have also got equal rights as sons in the father’s property. Whether the daughter is married or unmarried, she gets an equal share in the father’s earnings, property and assets.
But this only happens when the father has not written a will. If the father has written a will before he dies, the children get the property accordingly.
What happens if there is no will?
If the father has not made a will, then his property is divided among the legal heirs under the Hindu Succession Act. In this, son, daughter, wife get an equal share of the property. They are considered as Class 1 legal heirs.
However, if the father has made a will and has bequeathed his property to one person, then the other heirs cannot claim that property. But the will has no effect on the ancestral property. All the legal heirs have equal rights over it.
Distributing it on time is a better solution.
Parents often divide their assets while they are alive to avoid future disputes. Many mothers gift their daughters land, jewelry, or houses so that they have financial security even after marriage.
If a person has two houses and two children, he can give one house to each of them. He can live in one house himself and nominate the other property in the will. So that later no one has any complaint.
Rights of children born after divorce
A common question that arises is whether the child of a divorced woman gets a right in the ancestral property of her ex-husband? The answer is – yes. According to the Hindu Succession Act, such children also inherit the ancestral property of their father, whether the father has remarried or not.
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