Most parents in India add property for their children and sometimes even make a will so that after their death, the property can be divided without any dispute. But if a person does not leave a will, then the property is equally shared among the children.
Most parents in India add property for their children and sometimes even make a will so that after their death, there is no dispute about the property division. But if a person does not leave a will, then the property is equally shared among the children. This includes both son and daughter. The law has given equal rights to son and daughter on the father’s property.
Daughters also have equal rights
According to the amendment made in the Hindu Succession Act in 2005, daughters have also got equal rights as sons in the father’s property. Whether the daughter is married or unmarried, she gets an equal share in the father’s earnings, property and assets. But this is only when the father has not written a will. If the father has written a will before dying, then the children get the property according to it.
What if there is no will?
If the father has not made a will, then his property is divided among the legal heirs under the Hindu Succession Act. In this, the son, daughter, wife get equal share of the property. These are considered class 1 legal heirs.
However, if the father has made a will and handed over his property to one person, then other heirs cannot claim that property. But the will does not affect the ancestral property. All legal heirs have equal rights over it.
Distributing it in time is a better solution
Often parents divide their property while they are alive to avoid future disputes. Many mothers give land, jewelry or houses to their daughters as gifts, so that they get financial security even after marriage.
If a person has two houses and two children, then he can give one house to each of them. He can live in one house himself and can make the other property a nominee in the will. So that, no one has any complaint later.
Rights of children born after divorce
A common question that arises is whether the children of a divorced woman get rights in the ancestral property of her former husband? The answer is – yes. According to the Hindu Succession Act, such children also inherit the ancestral property of their father, whether the father has remarried or not.
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