Who Gets More Rights In Father's Property ? Son Or Daughter ?
The Hindu Succession Act, of 1956, governs how a father's property is divided in india after his passing. This rule regulates the division of property in cases of intestate succession, or when the father passes away without leaving a will, and it applies to Hindus, Buddhists, Jains, and Sikhs. A Hindu father's property is first divided equally among his Class I heirs, which comprise his mother, children (including daughters), and widow, by the Hindu Succession Act.
The property will be divided equally between the father's widow and children if his mother is not still living. Their portion will pass to their own legal heirs if any of the Class I heirs are deceased or have already outlived their father. For instance, a daughter's children will be entitled to her portion of the property if she predeceased the father. Class II heirs, who include the father's father, siblings, and sisters, will inherit the property if there are no Class I heirs. Their portion will pass to their own legal heirs if any of the Class II heirs are deceased or have already outlived their father. It's important to note that if the father has left a Will, then the distribution of his property will be governed by the terms of the Will.
Legal Rights of a Son in Father's Property
The Hindu Succession Law distinguishes between self-acquired and ancestral property for inheritance purposes, and the rights associated with each are different. Son's rights in cases where the property is inherited Since a son is a joint owner of ancestral property, he has the right to inherit it from his parents from the moment of his birth. In addition, a son may request his rightful portion of the property during his father's lifetime and may launch a partition suit to obtain it.
Furthermore, even before the property has been formally divided, he is free to sell his portion of the ancestral property to any other party. Rights of a son in cases where the property is obtained on one's own When it comes to self-acquired property, the father can give it to anyone he thinks is appropriate through a will, and the daughter cannot object to this transfer. Therefore, a right cannot be asserted over property that was obtained by the father himself and that he has given to a third party by will, free from fraud, deception, undue influence, or coercion.
Legal Rights of a Daughter in Father's ancestral Property
Prior until now, the ancestral property was exclusively the property of male members of the Hindu Undivided Family (HUF). However, a Hindu woman now has the same rights to ancestral property as a Hindu man according to a 2005 modification to the Hindu Succession Act. Women were likewise made coparceners in the HUF establishment by the aforementioned legislation. On the other hand, property gained by an individual from his own resources or via whatever property he earned from his part of ancestral property is known as self-acquired property.
The legal heirs of a self-acquired property cannot protest the owner's right to dispose of the property any way they see suitable. Hindu females now have the same coparcenary rights as boys according to the Hindu Succession (Amendment) Act, 2005, which went into force on september 9, 2005, and eliminated restrictions that discriminated against their inheritance rights. Is a married daughter entitled to her father's assets? If a married Hindu daughter is abandoned, divorced, or widowed, she also has the right to live at her father's home.
Furthermore, until recently, it was believed that the rights granted to daughters under the 2005 amendment only applied to situations in which the woman's father was still living as of september 9, 2005, the day the amendment went into effect. This meant that the coparcenary rights provided by the 2005 amendment were not available to women whose dads passed away before september 9, 2005. Following a number of divergent views within the indian judiciary over the amendment's retroactive validity, the supreme court finally resolved the problem in august 2020 by declaring the amendment to be applicable retroactively to all cases, regardless of the date of 09.09.2005. This final move has eliminated any discrimination between the rights of daughters and sons to their father's property under the Act.