If the father dies without writing a will, then the daughters will also get an equal share in the paternal property.
According to the amendment made in 2005 in the Hindu Succession Act, 1956, daughters have been given the legal right to get an equal share in the ancestral property.
Sometimes it may happen that a person dies without writing a will and in such a situation, disputes often arise between the heirs regarding the succession of ancestral property. Many times it is also seen that a person prepares his will while alive, but it is not followed which eventually leads to legal battles. There are clear laws regarding property inheritance where it is clarified who is entitled to what property and who is not. But, despite this, in most of the cases, daughters are denied their rights as compared to sons.
As per the amendment made in the Hindu Succession Act, 1956, in 2005 daughters have been given legal right to get equal share in ancestral property. This Act was enacted in 1956 to provide for claiming rights over property. After the 2005 amendment, the daughter will also have the same rights as the son on the father’s coparcenary property (the ancestral property of a Hindu Undivided Family). Today we will tell you when daughters can claim their rights on their father’s ancestral property.
However, if the father is alive and has transferred his acquired property to sons or grandsons, the daughters have no right to claim it. If the father has died and the property has been transferred through a will, the daughter can challenge that will in court on valid grounds, if any. But, if the father has died without writing a will, daughters have equal rights in the deceased father’s property like sons.
If he dies intestate (without making a will), then under the Hindu Succession Act, 1956, all class 1 heirs (wife, children and mother of the deceased) will have an equal share in the property.
On the other hand, if the father has bought land, building or house with his own money, then he can give this property to whomever he wants. It is the legal right of the father that he can give his self-earned property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his property, then the daughter cannot claim the property.