Women Property Rights: In property division, only brothers are often mentioned, sisters are not included in it. This is the reason why there is a debate every time about the rights of women in ancestral property.
The Supreme Court has also given its verdict on this, but despite this women are not able to get their rights. Today we will tell you how much right daughters have on the property after the death of the father and when can they claim it.
What is the law of property division?
- The Hindu Succession Act (1956) prescribes how a person’s property will be divided after his death.
- Under this law, for the first time, women were given full property rights under Section 14.
- In this section it is stated that it is necessary for a woman to have ownership rights and possession of the property.
- This may include property acquired through a will or inheritance. This property may be acquired before or after marriage.
- The Inheritance Act was amended in the year 2005, after which wives and daughters were considered entitled to property equal to sons.
- Even if a woman’s father died before 2005, the woman will get property rights. This right will remain intact even after marriage.
What if there is no will?
If a person dies without writing a will, then his daughter will have equal rights in the property. That is, a woman can claim her father’s property. Now if the property is in the name of a woman and she has no children, then there are two types of rules in this.
- If a woman has inherited property from her father, then after her death, it will be returned to the father’s second child or heir.
- If a woman has inherited property from her husband and she has no children, then after her death the property can go to any brother or relative of the husband.
However, if the father himself refuses to give his property, then the daughter cannot claim the property. This can be the property earned by the father himself. Overall, daughters have full rights over the ancestral property of their father and the family.
