Daughter Right In Father Property As per India Constitution and Law

Property law in India: Our country has a very long history of various property disputes and even today we often hear or read news regarding to property disputes matter. One of the main reasons for these disputes is that many people are ignorant of the laws and constitution related to property rights.

Daughter’s right in father’s property Supreme Court decision

Today we will find out whether a married daughter has equal rights as her brother in her father’s property and under what circumstances she can able to claim it. To answer such question, it is important to understand several key legal aspects related to it.

Do Sons and Daughters have equal rights in Ancestral Property?

The Hindu Succession Act, 1956 was amended in 2005 to provide daughters equal share in their parents’ owned property. In the case of ancestral property, the daughter is entitled to a share from birth, while self-acquired property is distributed as per the provisions of the will. If the father dies without a will, the daughter gets equal rights as the son on both ancestral and self-acquired property.

Ancestral Property Law

Real estate advertising platform Housing quoted Lucknow-based lawyer Prabhas Gupta as saying that there are many rules and regulations related to the share of sisters and daughters in the property.

Right in maternal grandfather’s Property

According to the law, parents can give their entire or self-acquired property to their married daughter and in such cases the son (daughter’s brother) cannot claim any rights. However, when it comes to ancestral property, both brother and sister are considered as equal partners in their father’s owned property.

When can a Married Daughter Claim Parents Property?

According to the Hindu Succession (Amendment) Act, 2005, a married daughter can make claim in her father’s property or share only under certain circumstances. According to the law or India constitution, if a person dies without writing a will and there are no class I claimants like wife, son or daughter to claim his property. So in such a situation, the daughter (class II claimant) can claim the property directly. In such a situation, the law of the country gives the full right to claim the property.

Can Son claim father’s property when father is alive

But we have usually seen in society these matters cannot resolve so easily. But with the help of law and proper guidance such cases can be solved easily and peacefully without any dispute.