Our nation has a long history of property disputes, and we continue to hear about and read about them. One of the main causes of these problems is that many individuals are unaware of the laws governing property rights. Today we’ll look at whether a married daughter has equal rights to her father’s property as a brother, and if so, how she can claim it. To answer this question, several crucial legal concepts must be understood.
Do sons and daughters share Same rights to ancestral property?
The Hindu Succession Act of 1956 was changed in 2005 to ensure that daughters received an equal part of their parents’ property. In the event of ancestral property, a daughter is entitled to a part by birth, whereas self-acquired property is divided according to the terms of a will. If the father dies intestate (without a will), the daughter has the same rights to ancestral and self-acquired property that the son does.
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According to Lucknow-based lawyer Prabhanshu Mishra, there are different norms and regulations governing sisters’ and daughters’ property shares. The law allows parents to gift their entire self-earned property to their married daughter, while the son (the daughter’s sibling) has no rights in such instances. However, when it comes to ancestral property, the brother and sister are regarded equal partners in their father’s estate.
When can the daughter recover property?
The Hindu Succession (Amendment) Act of 2005 states that a married daughter can only claim her father’s property or share in specified conditions. According to the law, if a person dies without leaving a will and there are no Class I claimants, such as a wife, son, or daughter, to claim his property. In such cases, the daughter (Class II claimant) may claim the property. In this case, the law of the country grants the right to claim the property.
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