In 2005, the government amended the law

The government took a big step in 2005 in view of the changing socio-economic conditions of the society. Then the Hindu Succession Act was amended. This rule says that daughters have as much right on their father’s property as sons. Secondly, whether a daughter is married or unmarried, she will have as much right as her brother in her father’s property. It was expected that this amendment in the law would bring about a change in the thinking that had been prevailing for decades.

Equal rights of daughters in ancestral property

After the amendment in the Hindu Succession Act, the daughter has rights not only in self-acquired assets but also in ancestral property. This means that the daughter will have as much right as the son in the property purchased by the father from his earnings. Also, if the father has inherited any property, the daughter will have rights in it too. This right will be as much as the sons have in that property. Before the amendment in 2005, married daughters had limited or no rights in inherited property. This difference was abolished in 2005.

The father can refuse to give property to the daughter in the will

If the father had made a will before his death, then the matter becomes somewhat different. The father has the right to divide the property according to his wish in the will. If it is clearly stated in the will that only the sons will have the right to the property after the father’s death, then the daughters cannot challenge it. However, it is important to keep in mind that this will not apply to ancestral property i.e. property received through a will. After the amendment in the law in 2005, sons and daughters have equal rights in the property received through a will.

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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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If you want to know the answer to this, then let us tell you that the Government of India passed the Hindu Succession Act in 1956. This act was related to the division of property in India. Under this law, laws related to property division, succession and inheritance among Hindus, Buddhists, Jains and Sikhs have been decided.

The post Daughters’ Rights in Father’s Property: Do daughters have rights over their father’s property after marriage? first appeared on Rightsofemployees.com.

Since independence, the central government has been running many excellent schemes for the social and economic development of women. Apart from this, women have also been given many constitutional rights, so that they can also play an important role in the development of the country by standing shoulder to shoulder with men.

Often there is confusion among people about the legal rights given to women in property. Many people often ask how much right does a daughter have in her father’s property after marriage? Can a daughter claim her rights in her father’s property after marriage? What rights have she been given regarding this? Today in this news we are going to tell you about this.

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In India, girls are often said to be “paraya dhan” because they leave their father’s house and go to their husband’s house after marriage. Therefore, it is believed that they have no rights over their father’s property. But do daughters really have no rights over their father’s property or do they lose their rights over their father’s property after marriage?

If you want to know the answer to this, then let us tell you that the Government of India passed the Hindu Succession Act in 1956. This act was related to the division of property in India. Under this law, laws related to property division, succession and inheritance among Hindus, Buddhists, Jains and Sikhs have been decided.According to the Hindu Succession Act of 1956, daughters had no rights over their father’s property.

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The tendency to deprive daughters of their rights is seen more especially in the case of property. Many people do not know what rights are given to daughters in the law in the father’s property and under what circumstances they can be deprived of this right.

Daughters rights on father’s property

Many important laws have been made in India to give daughters their rights in property. Earlier there were no clear guidelines in this regard, due to which daughters were not able to get proper rights in property. The Hindu Succession Act, implemented in 1956, was amended in 2005 and daughters were given equal rights as sons in ancestral property.

Under this law, daughters have been given the same rights on their father’s property as sons. Earlier this right was limited to only male heirs, but after the amendment made in 2005, it was extended to daughters as well. This law ensures that daughters also have rights on their father’s ancestral property by birth.

When daughters cannot get rights in father’s property

However, daughters cannot inherit their father’s property under certain circumstances. A common situation is that the father has distributed his property before his death. If the father has given his self-acquired property to a particular heir, then the daughter cannot claim it.

But this condition applies only to self-acquired property. If the property is ancestral, that is, the father has inherited it from his ancestors, then the father cannot give it to any one heir. In such a situation, both the daughter and the son get equal rights.

Property rights of daughters in Indian law

According to the Hindu Succession Act of India, daughters also have equal rights in ancestral property. Similarly, in Muslim Personal Law, daughters and other women of the family have been given property rights.

Earlier, under the Hindu Succession Act, women were given rights only in the ancestral property of their husband and in-laws. But now they can get equal rights in their father’s property as well.

On 9 September 2005, Section 6 of the Hindu Succession Act, 1956 was amended, according to which if the father was alive till 9 September 2005, the daughter can also acquire rights in his property.

Landmark decision of the Supreme Court

On 11 August 2020, the Supreme Court delivered a historic judgment in the case of Vineeta Sharma vs Rakesh Sharma (2020) SC 641. In this judgment, a three-judge bench of the Supreme Court clarified that a daughter gets the right to her father’s ancestral property from birth. In this judgment, it was said that whether the father is alive or not on the date of the 2005 amendment is irrelevant. That is, a daughter is the heir to her father’s property from birth and she can claim this right only from the date of the 2005 amendment.

Even though there may be many misconceptions in the society about the property rights of daughters, Indian law has clarified their rights. After the amendment of 2005 and the decision of the Supreme Court of 2020, daughters cannot be deprived of their rights. It has been ensured that daughters will also get the same rights in their father’s property as sons get. Despite this, due to lack of awareness in the society, many daughters are still deprived of their rights. In such a situation, it is important that they understand their legal rights and take appropriate steps for their rights.

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Since independence, many constitutional rights have been given to empower women at the economic and social level. Apart from this, the central and state governments are also running many great schemes to move women forward towards self-employment. Often what constitutional rights have been given to women in ancestral property? There is a lot of confusion among people about this.

Many people in India call girls as Paraya Dhan. The reason for this is that daughters go to their husband’s house after marriage. In such a situation, many people often have this question that does a daughter have a right to her father’s property after marriage? If you also want to know about this topic, then today we are going to tell you about this. Let’s know –

According to the amendment made in the Hindu Succession Act in 2005, married daughters have also been given equal rights in their father’s property. Before 2005, daughters did not get rights in their father’s property after marriage.

However, these rules have been changed after the amendment made in the Hindu Succession Act in 2005. However, in some cases daughters do not get rights in the father’s property. If the father makes a will while he is alive and transfers the entire property in the name of the son, in such a situation the daughter cannot claim her rights in the father’s property.

A daughter has rights over her father’s property. However, she has the first right over her father’s self-earned property. Hence, the father can give that property to anyone as per his wish.

Apart from this, if any criminal case is registered on the father’s property, then in this situation also the daughter or any other member of the family cannot claim their rights on that property.

The post Property Rights: Does a daughter have a right on her father’s property after marriage? Know here first appeared on Rightsofemployees.com.

In India, girls are often said to be “paraya dhan” because they leave their father’s house and go to their husband’s house after marriage. Therefore, it is believed that they have no rights over their father’s property. But do daughters really have no rights over their father’s property or do they lose their rights over their father’s property after marriage?

If you want to know the answer to this, then let us tell you that the Government of India passed the Hindu Succession Act in 1956. This act was related to the division of property in India. Under this law, laws related to property division, succession and inheritance among Hindus, Buddhists, Jains and Sikhs have been decided.

According to the Hindu Succession Act of 1956, daughters had no rights over their father’s property.

Property Rights of Daughter

The government amended this act in 2005, which is known as the Hindu Succession Act 2005. According to this, daughters also get equal rights as sons in their father’s property. But what does this act say in the case of married daughters? Do married daughters also have rights over their father’s property?

Daughters also have equal rights in their father’s property

After the amendment in the Hindu Succession Act in 2005, in the case of a married
 daughter, the daughter has been considered an equal heir to the property. That
 is, before the year 2005, daughters did not get a share in the father's property
 after marriage, but after the amendment in the Hindu Succession Act 1956 in the
 year 2005, daughters also get equal rights in the father's property.

When do daughters not get rights to their father’s property?

• If the father has made a will while he is alive, in which he has left the entire property in the name of the son, then the daughter cannot claim or claim any right on the property. But if there is no will, she can claim her right on the property.
• The daughter has a right on the ancestral property, but the father has the first right on the property he has earned himself. Therefore, the father can give his property to anyone as per his wish.
• If any criminal case is registered on the father’s property then the daughter or any other member of the family cannot claim rights over it.

The post Daughters’ Rights in Father’s Property: Do daughters have rights over their father’s property after marriage? first appeared on Rightsofemployees.com.

Now daughters also get equal rights as sons in ancestral and self-acquired property.

Hindu Succession Act and Amendment of 2005

The Hindu Succession Act 1956 was amended in 2005, which gave equal property rights to daughters. Earlier, daughters were deprived of property claims after marriage, but after the amendment, both married and unmarried daughters started getting equal share in their father’s property. Along with this, daughters can also become members and karta of Hindu Undivided Family ( HUF ).

Daughter’s right in ancestral property

Ancestral property is that which the father has inherited from his ancestors. The daughter gets the right to it by birth. This right remains even after marriage. The daughter has the right to sell, donate or demand partition of her share of the property.

Daughter’s right in self-acquired property

A daughter’s right on her father’s self-acquired property is entirely dependent on the father’s will. If the father dies without a will, then this property is divided equally among all the legal heirs. In this situation, the daughter is also considered a legal heir.

Rights of daughters after marriage

Even after marriage, daughters retain their rights over their father’s property. The 2005 amendment ensured that married daughters also get an equal share in the property.

Right to property after father’s death

After the demise of the father, if there is no will, the ancestral and self-acquired property is divided equally among all the legal heirs. Daughters are also equal partners as sons in this division.

Daughter’s rights in Muslim and Christian laws

Under Muslim law, daughters get half the share in property as compared to sons. However, Christian law provides equal rights to daughters.

Legal battle for daughters over property rights

If daughters are not given their rights, they can resort to court. In 2020, the Supreme Court gave a historic verdict that the rights of daughters will not depend on the date of survival or death of the father.

FAQs

1. Does a daughter’s right over property end after marriage?
2. No, a daughter’s right over her father’s property remains intact even after marriage.
3. Can a father pass on his property to just his son?
4. Yes, but this is possible only in case of self-acquired property.
5. Can a daughter demand division of property?
6. Yes, a daughter can demand division of her father’s property.
7. How much share does a daughter get under Muslim law? Under Muslim
8. law, a daughter is given half the share as compared to a son.

Changes in property rights in India have strengthened the rights of daughters. After the amendment of 2005, daughters are also considered to be equal to sons in property. This right applies from the birth of the daughter and remains even after marriage.

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Generally, it is seen in a common family that only sons have the right over the father’s property. It has been seen for centuries that the father’s property is divided among the sons only while daughters do not get a share in the father’s property. But the law of the country does not believe in this tradition at all. Today we will know here whether married daughters can claim their father’s property?

What is the law regarding daughters’ rights on father’s property

According to the Hindu Succession (Amendment) Act 2005 of the Indian Constitution, daughters have the same right and authority on a father’s property as sons. It does not matter whether the daughter is unmarried or married. This simply means that married daughters can also claim an equal share in their father’s property. If a person has a son and a daughter, then in such a case the daughter can claim half of her father’s property, that is, an equal share in the property as her brother.

If this happens then daughters cannot claim their father’s property

But in this case, there is a situation where the daughter cannot claim her father’s property. According to the law, if a person does not include the daughter’s name in his will before his death, then in such a situation the daughter cannot claim her father’s property. According to an order of the Supreme Court, a girl born in Hindu religion has an equal share in her father’s property right from her birth. This rule applies to Hindu religion as well as Buddhist, Sikh, Jain society.

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The post Can married daughters claim their father’s property? Know what the law says first appeared on Rightsofemployees.com.

Especially if we talk about property rights, daughters are deprived of their rights. There are many misunderstandings about the rights of daughters on property. Today we will tell you what rights daughters have in property according to the law and under what circumstances they do not get rights in their father’s property.

How much ownership rights do daughters have on their father’s property?

In India, there has been hesitation in giving daughters their share in the property since the beginning. A big reason for this was that earlier there was no clear law on this. However, now laws have been made to ensure daughters their rights in the property. The Hindu Succession Act, implemented in 1956, was amended in 2005 to give daughters equal rights as sons in ancestral property.

This law was made in 1956 specifically for claims and rights on property. Under this, a daughter has the same rights on her father’s property as a son. In 2005, the Indian Parliament amended this Act and strengthened the rights of the daughter, so that there is no doubt about her right on her father’s property.

When daughters cannot claim father’s property

There are many situations where daughters do not get the right to claim their rights in the property. One of the main reasons for this is that the father transfers his entire property to his son before his death. In this situation, the daughter does not get any rights in the father’s property.

However, this applies only to the self-acquired property of the father. If the property has been received by the father from his ancestors, i.e. it is ancestral property, then the father cannot give it to anyone of his own free will. In this situation, both the daughter and the son have equal rights.

What is the provision in Indian law?

Women rights in ancestral property Under the Hindu Succession Act, there is a provision to give rights to the daughter also in the ancestral property, whereas in Muslim personal law also there is a provision to give rights to the daughter and other women of the family on the ancestral property. In Hindu succession also there was a provision for women to have property rights, but it was on the husband and her (husband’s) ancestral property, but at present this right is available on the father’s property also.

On 9 September 2005, Section 6 of the Hindu Succession Act, 1956 was amended to give equal rights to daughters in their father’s property. However, the condition under this is that if the father is alive as on 9 September 2005, only then will the daughter be entitled to the property.

Recently, on 11 August 2020, in a landmark judgment passed by a three-judge bench of the Hon’ble Supreme Court in the decision of Vineeta Sharma vs Rakesh Sharma (2020) SC 641, it was said that a daughter is entitled to her ancestral property by birth and whether the father is alive or not on the date of amendment is irrelevant.

The 2005 amendment in Section 6 of the Hindu Succession Act gives daughters rights in Hindu coparcenary property by birth, which can be claimed only from the date of amendment in 2005. It is worth noting that there is a progressive law on the question of the rights of a daughter as a coparcener and the specific reasons as to in which cases those rights can be successfully claimed also depend on certain factors.

This information was shared by Avnish Pandey (Practitioner, High Court Lucknow and LLM (Student), KMCAU, Lucknow) during a conversation with Prabhat Khabar.

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The post Property Rights: When can a daughter not claim her father’s property? first appeared on Rightsofemployees.com.

The property rights of a Hindu woman can be understood in two different time phases. One before 2005 and then after it. This will help you understand what were the property rights of a Hindu daughter before 2005 and after this year.

Daughter’s property rights before 2005

First of all, let us make it clear here that the Hindu Succession Act applies to Jains, Sikhs and Buddhists besides Hindus. Now let us talk about what used to happen before 2005. Actually, then the law recognized the men in the family as coparceners, there was no point in transferring property in the name of daughters born in the same family. Before 2005, all the daughters in the family were only members of a HUF, not coparceners.

Who was a coparcener under the Hindu Act 1956?

Under the Hindu Succession Law, the term coparcener refers to a person who acquires legal rights in his ancestral property by his birth in a HUF. As per the Hindu Succession Act, 1956, any person born in a HUF becomes a coparcener by birth. The rights of coparceners and members in the property of a HUF are different. Coparceners have the right to demand partition of the property and receive shares.

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It said that after marriage, the daughter will no longer be a member of the father’s HUF and if the property is divided, she will not be entitled to any share in the property.

Daughter’s right in property after 2005

Section 6 of the Hindu Succession Act, 1956, which deals with the rights of coparceners in HUF property, was amended in 2005. With this amendment, daughters were placed at par with sons, as far as coparcenary rights in HUF property are concerned. As a result, the daughter gets all the rights associated with coparceners, including the right to ask for partition of property and to become the karta of the HUF. The amendment came into effect on September 9, 2005. But there still remained confusion over the post-marital rights.

Rights of a married daughter

Under the Hindu Succession Amendment Act 2005, after marriage, the daughter will cease to be a member of her parents’ HUF but will continue to be a coparcener. Therefore, she is entitled to ask for partition of the HUF property and become the karta of the HUF, if she is the eldest coparcener of her father’s HUF.

Further even in the case of a married daughter who has died, her children are entitled to the shares which she would have received. If none of her children are alive on the day of partition, the grandchildren will be entitled to the shares which the daughter would have received on partition.

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Some say that daughters have no rights. Some say that daughters have equal rights. Different kinds of misconceptions are prevalent in society. In such a situation, the question arises that how much right does a daughter have to her father’s property? For your information, let us tell you that daughters have the same right on their father’s property as sons.

In our country, there is very little information about the rules related to daughters’ rights on their father’s property. Many women believe that they have nothing to do with this property.

What does the Hindu Succession Act say?

This law was made in 1956 to make provisions for claims and rights on property. According to this, a daughter has as much right on her father’s property as a son. To strengthen the rights of daughters, this inheritance law was amended in 2005. In which any doubt regarding the rights of a daughter on her father’s property was eliminated.

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When can a daughter not claim her father’s property

In the case of property earned from her own earnings, the daughter’s case becomes weak. If the father has bought land with his own money, built or bought a house, then he can give this property to whomever he wants. It is the father’s legal right to give his earned property to anyone of his choice. This means that if the father refuses to give the daughter a share in his property, then the daughter cannot do anything.

Married daughter’s right on father’s property

After the amendment of 2005, the daughter has been considered as equal heir. Now even after marriage, the daughter has the right over the property inherited by the father. No change has been made in this. That is, even after marriage, the daughter has the right over the property of her father.

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Due to lack of awareness, daughters themselves are not able to raise their voice when the time comes. Therefore, it is important that girls also need to be aware of their rights and they should also be aware of all their legal rights related to property.

In present India, there is a clear law regarding how much right daughters have in property and when daughters do not get a share in their father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of daughters on their father’s property…

What the law says:

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claims and rights on property. According to this, the daughter has as much right on her father’s property as the son. Strengthening the rights of daughters, the amendment in this succession law in 2005 ended any kind of doubt regarding the rights of the daughter on her father’s property.

When cannot a daughter claim her father’s property?

In the case of self-acquired property, the daughter’s position is weak. If the father has bought land, constructed or bought a house with his own money, then he can give this property to anyone he wants. It is the legal right of the father to give his self-acquired property to anyone as per his wish. That is, if the father refuses to give the daughter a share in his property then the daughter cannot do anything.

What does the law say in case the daughter is married?

Before 2005, under the Hindu Succession Act, daughters were considered only members of the Hindu Undivided Family (HUF) and not co-heirs i.e. equal heirs. Co-heirs or co-heirs are those who have rights over the undivided property of the four generations before them.

However, once the daughter gets married, she is not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-heir i.e. equal heir. Now the daughter’s marriage does not change her rights over her father’s property. That is, even after marriage, the daughter has rights over her father’s property.

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After the daughter gets married and goes to her in-laws’ house, it is said that her share in the property has been extinguished. In such a situation, the question is whether a married daughter can claim ownership rights over her father’s property?

In India, laws have been made regarding distribution of property. According to this, not only the son but also the daughter have equal rights in the father’s property. Whether the daughter is married or unmarried. He also has the same right on his father’s property as the son. However, there is lack of awareness regarding this among women. Due to lack of awareness, daughters are not able to raise their voice when the time comes. Therefore, girls need to be aware of their rights and they should be legally aware of all their rights related to property.

Can a married daughter claim her rights on her father’s property?

Can a married daughter claim her rights in her father’s property? The answer is yes, a married woman can claim her rights in her father’s property. After the amendment of the Hindu Succession Act, 1956 in the year 2005, the daughter has been considered as co-heir. Now the daughter’s marriage does not change her rights over her father’s property. That means, even after marriage, the daughter has rights over her father’s property. According to this, the daughter has as much right on her father’s property as the son.

When can a married daughter not claim her rights on her father’s property?

If the father transfers his property to his son before his death, then the daughter cannot claim her father’s property. Also, in case of self-made property, the daughter’s position is weak. If the father has bought land, built or purchased a house with his own money, then he can give this property to anyone he wants. It is the legal right of the father to give the property created by himself to anyone as per his wish. If the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.

What does the law of the country say?

In the year 2005, by amending the Hindu Succession Act, 1956, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on her father’s property as the son. Strengthening the rights of daughters, the 2005 amendment to this succession law ended any doubt about the rights of a daughter over her father’s property.

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Whereas in India many laws have been made in favor of daughters. Even after that, many old traditions still exist in the society. Even today, at the social level, the first right on the father’s property is given to the son. After the daughter gets married, she goes to her in-laws house. So it is said that his share in the property has ended. In such a situation, the question is whether a married daughter can claim ownership of her father’s property?

Laws have been made in India regarding the division of property. According to this, not only the son but also the daughter has an equal right in the father’s property. However, there is a lack of awareness among women about it. Due to lack of awareness, daughters themselves are not able to raise their voice when the time comes. Therefore, it is important that girls also need to be aware of their rights and they should also be legally aware of all their rights related to property.

What is the right of married daughter on father’s property (can daughter claim father’s property after marriage)?

Can a married daughter claim ownership of her father’s property? So the answer is yes, a married woman can claim on father’s property. After the amendment of the year 2005 in the Hindu Succession Act, 1956, the daughter has been considered as co-parcener. Now the daughter’s marriage does not change her rights on the father’s property. That is, even after marriage, the daughter has the right over the father’s property. According to this, the daughter has as much right on the father’s property as the son.

When the daughter cannot claim?

The thing to note is that if the father transfers his property in the name of the son before his death. In this situation the daughter cannot claim the property of her father. Even in the case of self-acquired property, the side of the daughter is weak. If the father has bought land, built 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 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 do anything.

What does the law of India say?

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get equal share in ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. Strengthening the rights of daughters, the 2005 amendment in this succession law ended any doubts about the rights of the daughter on the father’s property.

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Property often becomes the cause of dispute. Property is a major factor in family disputes. But there are clear laws regarding property, according to which it is decided who is entitled to which property and who is not. Awareness about these rights is necessary. If you are aware of your rights then no one can deprive you of your rights.

And if this happens then you can get your right back by adopting the path of law. Today in the series ‘Haq Ki Baat’, questions related to property. Some readers had sent questions related to property to our associate newspaper Economic Times, which were answered by Raj Lakhotia, founder of ‘Dil Se Will’. Here are readers’ questions and Lakhotia’s answers.

T. Balaji Question – If a son transfers his father’s property to his sons, can the daughters claim it?

Answer – According to the law, daughters have equal rights as sons in father’s property. If the father is alive and has transferred his self-acquired property to the grandsons, then the daughters have no claim over it. If the father has died and the property has been transferred through a will, then the daughter can challenge that will in the court on the basis of valid reasons. But if the father died without writing a will, then the daughters have equal rights in the property of the deceased and they can claim it in the court.

Sujit R. Question: Suppose A’s wife is B. The two have four children (sons C and D, and daughters E and F). If A has a gift deed of a residential property in his name and dies without making a will while B is alive, then-

1- Can wife B make a will to inherit that property?z

2- Since B died intestate, can daughters E and F claim a share in the property, even if it is not the ancestral property of A?

Answer- Suppose A was a male Hindu who died intestate and the gift deed property was his own property. In such a situation, the wife cannot write a will for that property. If he dies intestate, all heirs in Class I under the Hindu Succession Act, 1956 will have an equal share in the property. Class 1 heirs would include the wife, children and mother of the deceased.

Question from Amit Kumar– I have a joint demat account with my wife in which she is the second owner. Suppose I die without writing a Will, what steps should we take so that the ownership of shares/mutual fund units is either in the name of my wife or in the joint name of my wife and daughter? Will the Succession Certificate be required to transfer the ownership in the name of my family members?

Answer-In the event of your death, your rights as the first holder would be transferred to the second holder (wife) as both of you were joint holders of the demat account. This will be done by filling T-2 (Transmission Request Form) and submitting it along with the notarized death certificate of the first holder. After your death, if your daughter wants to transfer shares/mutual funds in her name, then she will have to submit the Succession Certificate.

Question from Ganpati – My wife and I have a joint will. We have three children. A child is not getting anything. The second is getting movable property and the third is getting immovable property. We have put a separate clause in the will that whatever we earn in future will go to the second beneficiary. Would it be legal?

Answer-A person can give his remaining or future assets to any beneficiary through a Will and it is also legally valid. A legal heir can also be deprived of property through a will, whereas in the absence of a will, he will be a part of the property as a successor. If a legal heir is deprived of property through a will, it becomes non-beneficial. The reason should also be given in the will so that the court can understand why he has been excluded from the share in the property.

Disclaimer- Answers are just based on the limited facts that have been asked in the question . Do not consider this as legal advice under any circumstances. If there is any dispute regarding the property, contact a lawyer and keep all the facts and documents with him.

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There is a lack of information among many people about the provisions related to the rights of daughters on father’s property. Especially women have less information about it. Many women believe that they have nothing to do with this property. Apart from this, due to various social traditions, daughters are deprived of their rights in father’s property.

At present, there is a clear law in India regarding how much right daughters have in property and when daughters do not get a share in father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of the daughters on the father’s property .

What the law says:

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get equal share in ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. Strengthening the rights of daughters, the 2005 amendment in this succession law ended any doubts about the rights of the daughter on the father’s property.

When the daughter cannot claim the father’s property,

the daughter’s side is weak in the case of self-acquired property. If the father has bought land, built 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 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 do anything.

What does the law say in case of daughter being married

Prior to 2005, in the Hindu Succession Act, daughters were considered only as members of the Hindu Undivided Family (HUF), not coparcenaries ie equal heirs. Hamwaris or equal heirs are those who have rights over the undivided properties of the four generations before them.

However, once the daughter is married, she is also not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-parcener. Now the daughter’s marriage does not change her rights on the father’s property. That is, even after marriage, the daughter has the right over the father’s property.

Can go to court if property is not received

Daughter can go to court to claim rights in father’s property. For this he has to file a case in the civil court. If the claim is correct, the daughter will get rights in the father’s property.

Daughters cannot get right on father’s property when the following situations happen:

1. Under the Hindu Property Bill (Hindu Marriage Act): Under the Hindu Property Bill, the daughter has no right over the father’s property if the father is alive. The ownership of the property remains with the father, and after his death this property is distributed among other members of his lineage, such as mother, brother, sister etc.
2. If the property is under encumbrance: If there is an allegation of encumbrance on the property, such as under an action for an offence, then the daughter cannot have a right on the father’s property. In this situation, if the court or the concerned authority justifies it, the property can be merged and the daughter has no right over it.
3. If the father has transferred the property by way of gift: If the father has transferred his property by way of gift and handed over the same to a bank, organization or other person for personal or business purposes, then the daughter shall be entitled to the property of the father. There is no right on the property.

If you have a controversial situation, you should consult a legal adviser who can provide you with specific information and advice in relation to the disputes.

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Somewhere it is said that the daughter has no rights. Somewhere it is said that the daughter has the right to equality. Different types of misconceptions are spread in the society. In such a situation, the question arises that after all, how much right does the daughter have in the father’s property? For your information, let us tell you that like a son, daughters also have the right on the father’s property.

In our country, very little is known about the rules related to the rights of daughters on father’s property. Many women assume that they have nothing to do with this property.

What does the Hindu Succession Law say?

This Act was enacted in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. This succession law was changed in 2005, consolidating the rights of daughters. In which any doubt about the rights of the daughter on the property of the father was removed.

When daughter cannot claim on father’s property

The daughter’s side becomes weak in terms of property created by her earnings. If the father has bought the land with his own money. If he has built or bought a house, then he can give this property to whomever he wants. It is the legal right of the father to give his earned property to anyone of his own free will. It means to say that if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.

Married daughter’s right on father’s property

After the amendment of 2005, the daughter has been considered as the heir i.e. equal heir. Now even after the daughter’s marriage, the father has the right to inherit the property. No changes have been made to it. That is, even after marriage, the daughter has the right over the father’s property.

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