Property Rights: Can daughter claim her father’s property after the will? Know the decision of the Supreme Court

 


Property Rights: Can a daughter claim her father's property after the will? Know the decision of the Supreme Court

Property Rights: According to the Hindu Succession (Amendment) Act, 2005, a daughter has the same rights in her father’s self-acquired property as a son.

Property Rights: Indian society is changing rapidly. Now people are not differentiating between daughters and sons. This is the reason that now legally, daughters are given full rights in their father’s property like sons. This means that daughters are now Class 1 heirs who can claim equal rights on their father’s property.

However, sometimes some difficulties arise in this. For example, the question arises that what will happen if a father has left all his property in his will in the name of his sons or anyone else. Can the daughter claim her father’s property even after the will? Let us know the answers to these questions.

First understand the rights of the daughter

According to the Hindu Succession (Amendment) Act, 2005, a daughter has the same rights in her father’s self-acquired property as a son. Whether the daughter is married, divorced or single does not affect her rights. That is, in such a way that in any situation the daughter has the right in the self-acquired property of the father. But now the question arises that what will happen if the father has willed his property and the daughter’s name is not there in it?

What to do if name is not there in the will?

According to the Hindu Succession (Amendment) Act, 2005, a daughter, like sons, is a Class 1 heir to her father’s property. If after the father’s death it is found that he has made a will in which the daughter’s name is not mentioned, then the daughter, being a Class 1 heir, can challenge the will.

Whereas, if it is ancestral property and not self-acquired property of the father, then the daughter has full rights in it in the same way as a son has. However, if the father is alive and does not want to give his self-acquired property to his daughter or son, then the daughter and son cannot do anything about it. According to law, any person is free to give or sell his self-acquired property to anyone.


Comments

Post a Comment

Popular posts from this blog

Senior Citizen Train Ticket Discount: Government has issued a new statement regarding giving discount to senior citizens on train tickets, know the details here

Image
  Senior Citizen Train Ticket Discount: Once again a demand has been made in the Lok Sabha to give discount to senior citizens on train tickets. Senior Citizen Train Ticket Discount:  Railways has withdrawn the discount given to senior citizens on train tickets since the Corona period. However, from time to time there has been a demand to restore this concession given to senior citizens in trains. Even in the winter session of the Lok Sabha, some members raised the demand for increasing fare concessions and facilities for senior citizens traveling in trains. However, even before this, Railway Minister Ashwini Vaishnav has told in the Lok Sabha that during the train journey, every passenger is given an average subsidy of 53 percent on the train ticket. Apart from this, he also told who gets discount on tickets while traveling by train. Demand for discount in train tickets raised again During Zero Hour in the House, Janata Dal (United) MP Kaushalendra Kumar said that before the ...
Read more

Cash Transaction Rules: Income tax rules on cash transaction between Husband-Wife and Son-Father, know rules

Image
  Cash Transaction Rules: Income tax keeps an eye on our every transaction. But is there any tax on cash transactions or can Income Tax send a notice? Or how much cash transaction can take place between you and your wife or between father and son? If you also have these questions in your mind, then let us know their answers… If you also transact money between father and son or between husband and wife, then this news is useful for you. Actually, every transaction of ours has an eye on income. In such a situation, a question arises in the minds of many people whether income tax notice can be received even on cash transactions? Let us know how much cash transaction you can do in your family. Income tax sends notice? According to tax experts, if you give money every month for household expenses or give money as a gift, then the wife is not liable for income tax. Both these types of amounts will be considered as the income of the husband. The wife will not receive any notice from the I...
Read more

Have a Current/Savings Bank Account? Know the Cash Deposit Limits under Income Tax Act to avoid Penalties and Notices

Image
  Adhering to cash deposit and withdrawal limits is crucial to remain compliant with the Income Tax Act in India. This article aims to elucidate the various facets of cash-related regulations, encompassing savings and current accounts, fixed deposits, credit card bill payments, real estate transactions, and more.  Cash Deposit Limits in Savings and Current Accounts The Indian Income Tax Act imposes specific regulations on significant cash deposits in savings accounts. Individuals accumulating INR 10 lakh or more during a fiscal year must notify tax authorities.  For current accounts, this threshold is set higher at INR 50 lakh. Although not immediately taxed, financial institutions report transactions exceeding these limits.  Cash Withdrawal and TDS under Section 194N  Section 194N outlines TDS rules for cash withdrawals. A 2% TDS is levied on withdrawals exceeding INR 1 crore within a fiscal year. Non-filers face a 2% TDS on withdrawals over INR 20 lakh and a 5...
Read more