If a father has bought a property from his own money, then he has full right to gift the property to anyone he wants. In this case, if the father does not give a share to her daughter, she can’t object
New Delhi: The Hindu Succession Act, 1956, which originally did not give daughters equal rights to ancestral property, was amended in 2005 to give married daughters an equal right in parental property. But despite this amendment in law, some fathers deprive their daughter of ancestral property. So girls need to be very clear about their right. Here we list out five situations where daughters can/can’t stake a claim on father’s property.
1) In case of ancestral property
Before 2005 only sons had a share in ancestral property, which is defined as one that is inherited up to four generations of male lineage. However, after the amendment in the Hindu Succession Act, 1956, both daughter and son get an equal right to this property by birth. So, in such situations, a father cannot will such property to anyone he wants to. By birth, daughters have a share in the ancestral property.
2) In case the property is self-acquired by father
If a father has bought a property from his own money, then he has full right to gift the property to anyone he wants. In this case, if the father does not give a share to her daughter, then the daughter cannot raise an objection.
3) In case father dies without a will
If a father dies without leaving a will, then his property will be equally divided among all the legal heirs. According to the Hindu Succession Act, a male’s heirs are classified into four classes. In this case, the inheritable property goes first to class I heirs, which include widow, daughters and sons.
4) In case daughter is married
Prior to the amendment in the Hindu Succession Act in 2005, married daughters were not considered a member of Hindu Undivided Family (HUF). But after the amendment in 2005, daughters have been recognised as a coparcener and her marital status makes no difference to her right over father’s property.
5 If daughter was born or father died before 2005
For a daughter to stake a claim on her father’s property, the father has to have been alive on September 9, 2005, when the Hindu Succession Act was amended. If her father had died before 2005, she will not have any right over the ancestral property. But self-acquired property will be distributed as per the father’s will. However, date of birth of a daughter (if she is born before or after September 9, 2005) does not make any difference to her right over father’s property, be it ancestral or self-acquired.