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Property law in India: Our country has a long history of property disputes, and even today, we frequently hear about or read news related to property conflicts. One of the main reasons for these disputes is that many people are unaware of the laws related to property rights. Today, we will explore whether a married daughter has equal rights as brother in her father’s property and under what circumstances she can claim it. To answer this question, it’s essential to understand several key legal aspects.
Son-daughter have equal rights in ancestral property?
The Hindu Succession Act, 1956, was amended in 2005 to grant daughters an equal share in their parents’ property. In the case of ancestral property, a daughter is entitled to a share by birth, while self-acquired property is distributed according to the provisions of a will. If the father passes away intestate (without a will), the daughter has equal rights as the son to both ancestral and self-acquired property.
Real estate advertising platform Housing quoted Lucknow-based lawyer Prabhanshu Mishra as saying that there are various rules and regulations regarding the share of sisters and daughters in property. According to the law, parents can give their entire self-earned property to their married daughter, and in such cases, the son (the daughter’s brother) cannot claim any rights. However, when it comes to ancestral property, both the brother and sister are considered equal partners in their father’s property.
When can daughter claim property?
According to the Hindu Succession (Amendment) Act, 2005, a married daughter can claim her father’s property or share only under certain circumstances. According to the law, if a person dies without writing a will and there are no Class I claimants like wife, son or daughter to claim his property. Then in such a situation, daughter (Class II claimant) can claim the property. In such a situation, the law of the country gives the right to claim the property.
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