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.


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