In India, the division of property and the rights of daughters on it is a sensitive but important subject. Many times this question arises in the family that when the land or house belongs to the grandfather but later it is registered in the name of the father and son, will the daughter also get rights in it?
Daughters also have equal rights as sons: After the amendment in the Hindu Succession Act in the year 2005, daughters have got equal rights as sons in the father’s property. Earlier, daughters did not have this right in ancestral property, but now whether they are married or unmarried, they will get equal share.
Equal division takes place in the absence of a will: If the father dies without a will, then his property will be divided equally among all the legal heirs. In this, both sons and daughters will get equal rights, whether the property is acquired from their own earnings or has been passed on for generations.
Daughter also has rights in ancestral property: If the grandfather’s land was ancestral and it has been transferred to the father and son only without a will, then the daughter will definitely get its share. This is because all children have equal rights in ancestral property, whether it is a girl or a boy.
Will is applicable on self-earned property: If the father has written in his will on his self-earned property that the property will go only to the son, then the daughter cannot claim it. Because the will is valid on self-earned property and it can be given to anyone.
Will is not applicable on ancestral property: Will has no right on ancestral property i.e. inherited property. All children have equal right on it. The father or grandfather cannot give the entire property to anyone on their own will.
Divorced or second-married daughter also has rights: If a woman’s marriage has been annulled or the father has married again, then their children also have full legal rights on the father’s ancestral property. Such children are also considered class 1 heirs.
Make the division clear to avoid quarrels: To avoid family disputes, it is important that the parents divide their property through a will or gift deed while they are alive. This will prevent conflict between children and everyone will get their rights legally. Also, it would be better to take advice from a lawyer in this process.
