Property Rights: Daughter will also get equal rights in property without a will, know the new law

Most parents in India leave 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 divided among the children.

Property Rights: Most parents in India invest property for their children and sometimes even make a will. So that there is no dispute over the division of property after their death. But if a person does not leave a will, then the property is equally divided 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 has no effect on ancestral property. All legal heirs have equal rights over it.

It is better to divide the property in time

Often parents divide their property while they are alive to avoid future disputes. Many mothers gift land, jewellery or houses to their daughters, 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 make the other properties a nominee in the will. So that no one has any complaint later.

Rights of children born after divorce also

A common question arises whether the children of a divorced woman get rights in the ancestral property of her ex-husband? The answer is – yes. According to the Hindu Succession Act, such children are also heirs to their father’s ancestral property, whether the father has remarried or not.

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