Property : Property disputes are common in families, whether it is between brothers, between father and children, or with daughters. There is confusion especially about daughters.
However, under the Hindu Succession (Revised) Act 2005, they have now got equal rights as sons in their father’s property. But this right is subject to certain conditions, which are very important to understand.
No right to these properties
If the father has bought the property with his hard-earned money, then it will be considered completely his. In such a situation, if he wants, he can sell it, gift it to someone or name it in a will. The daughter does not get any automatic legal rights in this type of property, unless the father includes her in his will.
Split before 2005
If the legal and registered division of ancestral property has been done before 2005, then the daughter cannot claim it. The Supreme Court has also considered such earlier divisions as valid. But if the division has been done unequally, then it can be challenged in the court.
Property given as gift
If the grandfather or father has gifted the property to someone and the gift deed is legally valid, then the daughter cannot claim it. Such a gift is protected under the law.
Quitclaim deed
Sometimes daughters give up their right to their share in writing, by their own will, in exchange for money or other benefits. By doing so, they are deprived of that property. But if this consent has been taken under pressure, fraud or misconception, then they can challenge it in the court.
Being excluded from a will
If the father has clearly disinherited the daughter from the property in the will, then she will not get her share. The will is given priority in the law. However, if the will has been made under fraud or pressure, then the daughter can challenge it in the court.
Property given in trust
If a property has been handed over to a trust or legally transferred to someone else, the daughter will not get any rights in it. Trust properties are protected by law. The Hindu Succession Act has given equal rights to daughters in property, but these rights also have some limits and limitations. It would be better to take legal advice and have a clear understanding of the rights before a dispute arises in the family.
