Property Rights: When the head of the family dies, many disputes arise regarding the distribution of property, especially when he dies without leaving a will.
In this regard, it is very important for sons and daughters to know their rights. In India, the Hindu Succession Act, 1956 and the amendments made in 2005 clarify this matter.
Property disputes have now become a common thing in every household. There are frequent fights between brothers and sisters over the division of property. We see this especially in the case of division of father’s property. Cases are also being filed in the court for property. Why? Now, brothers and sisters are even going to the extent of killing each other for a piece of land.
At such times, it is very important for all of us to have a basic understanding of property rights. Now let’s talk about one such right. That is.. If the father dies without making a will, then who gets a share in the property? Son or daughter? In India, the amendments made in the Hindu Succession Act 1956 and 2005 clarify this matter. Let’s now learn about this topic.
What does the Hindu Succession Act say?
If a father dies intestate, his property will be distributed as per the Hindu Succession Act. According to this act, Class-1 heirs get first priority on the property of that person. Class-1 heirs include:
-Wife
– Son
– Daughters
– Mother
– All of these. The property will be divided equally among them. That is, if a father dies intestate, his share of the property will be equal to the share of his son and daughter.
Major changes with the 2005 Amendment:
The amendment made in the Hindu Succession Act in 2005 was very significant. Before this amendment, daughters did not have equal rights as sons in ancestral property. However, after the 2005 amendment, sons and daughters were given equal rights in ancestral property from birth. Even if a daughter gets married, she has the right to get a share in her father’s property.
Property can be divided into two main types:
Self-acquired property: Property acquired by the father with his own earnings is called self-acquired property. The father has full rights over this property. He can gift this property to anyone he wants or bequeath it through a will. However, if the father dies without making a will, this self-acquired property is also divided equally among all the class-1 heirs (wife, son, daughters, mother).
Son property: This is the property inherited by the father from his father, grandfather and great-grandfather. Sons and daughters have a birth right to this property from the time of birth. The father cannot give this property to anyone else as per his will, nor can he sell it without the consent of the children. After the amendment of 2005, daughters also have an equal share in this property along with sons.
Equal Rights: If a father dies without a will, his sons and daughters have equal rights in his self-acquired and ancestral property. Whether the daughter is married, unmarried or widowed, the property rights do not change.
Problems in the absence of a will: There is a possibility of disputes in the family regarding the division of property due to the absence of a will. To avoid these problems, it is very important to write a will.
– Therefore, if a father dies without a will, it is clear that the son and daughter have equal legal rights over his property. This is an important right guaranteed by the Hindu Succession Act.
