Daughters Have Equal Property Rights, Here’s What Every Family Must Know
Daughters Have Equal Property Rights, Here’s What Every Family Must Know
In India, many families work hard to build wealth and property for the next generation. When a person dies, the property is usually passed down to their children. Sometimes, they leave a will to make sure the property is divided as per their wish. But when there is no will, questions can arise about who gets what and how it is shared.
According to the Hindu Succession (Amendment) Act, 2005, daughters have the same rights as sons in their father’s self-acquired property. This means that whether a daughter is married or not, she can claim an equal share of her father’s property. This rule is followed even if the father or daughter is married or single.
If a father dies without writing a will, both sons and daughters are considered Class 1 legal heirs. They get equal parts of the property. But if a father has made a will and left his property to someone else, then the children cannot demand a share of that self-acquired property.
What Happens to Ancestral Property
When it comes to ancestral property, things are different. All legal heirs, including sons and daughters, get equal rights in ancestral property. Even if there is a will, heirs can still claim their share in ancestral land or home.
Why Many People Write a Will
To avoid fights over property after death, many parents choose to write a will. This allows them to clearly say who will get what. A registered will can protect the rights of each child and stop future court cases.
Some parents also divide their property while they are still alive. Mothers often give gifts like money, gold, or even land to their married daughters during their lifetime to show love and support.
For example, if a man owns two houses and has two children who are doing well in life, he may give one house to each. He can write this in a will or even gift one while he is alive. This helps avoid confusion after his death.
What If a Child Is from a Divorced Marriage?
A common question is whether a child from a divorced woman has any right to the ancestral property of her ex-husband. The answer is yes. Under the Hindu Succession Act, the child is still a direct heir. Even if the father remarries and has more children, the child from the first marriage keeps their right to the ancestral property.
