Can a dad refuse to will property to his daughter?
Consider a situation where you’ve been married young, without much education or earning potential, and end up being harassed by your husband and his family. To make matters worse, your parents are not very keen to support you and the brothers don’t want to give you a share in the ancestral property. What do you do?
Financial dependence, be it on the father, brothers or husband, has been at the root of much hardship for women over the years. It was with the idea of levelling this playing field that the Hindu Succession Act 1956 was amended in 2005, allowing daughters an equal share in ancestral property. Despite this, can your father deprive you of your share in the property? Find out...
IF PROPERTY IS ANCESTRAL
Under the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.
IF PROPERTY HAS BEEN SELF-ACQUIRED BY FATHER
In the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.
IF FATHER DIES INTESTATE
If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. The Hindu Succession Act categorises a male’s heirs into four classes and the inheritable property goes first to Class I heirs. These include the widow, daughters and sons, among others. Each heir is entitled to one part of the property, which means that as a daughter you have a right to a share in your father’s property.
IF DAUGHTER IS MARRIED
Before 2005, the Hindu Succession Act considered daughters only as members of the Hindu Undivided Family (HUF), not coparceners. The latter are the lineal descendants of a common ancestor, with the first four generations having a birth right to ancestral or self-acquired property. However, once the daughter was married, she was no longer considered a member of the HUF. After the 2005 amendment, the daughter has been recognised as a coparcener and her marital status makes no difference to her right over the father’s property.
IF DAUGHTER WAS BORN OR FATHER DIED BEFORE 2005
It does not matter if the daughter was born before or after September 9, 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on September 9, 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.
译文来源：三泰虎 http://www.santaihu.com/47644.html 译者：Jessica.Wu
VENKATA RAMA RAO BHAMIDI • Mumbai • 23 hours ago
There is no common Civil Code in our motherland till now. Why the Government record should have Religion, caste, etc., in its record when it is a "secular" country? And all Government benefits extended based on that?
VENKATA RAMA RAO BHAMIDI • Dubai, UAE • 1 day ago
Venkata. Avoid hate and rift policy
VENKATA RAMA RAO BHAMIDI • 1 day ago
For example as per Mitakshara school of thought practiced by Hindus in North India only Male are legal heirs. As per Dhayabhaga No inheritance in father''s property as long as he is alive. As per Marumakkatayam prevalent in Kerala inheritance only through female lineage. Hindu customs and traditions differ from place to place.
Subbu India • Bengal • 1 day ago
All those who were / are born in our country whether Male or Female should have the same right over their ancestral property.
I Love Saffron • 23 hours ago
Yep. Nehru was being Mischievous with ulterior motives.
Jaysingh Ving • india • 23 hours ago
may be he wanted to benefit INDIRA.. change law for personal use.
Al Buraq • 21 hours ago
All children, male and female, irrespective of religion, should be entitled to equal rights in parents'' property. Likewise, dowry, the social evil, which is still practiced covertly and overtly, should be discouraged. Females should also share equal responsibility of their parents
Sachin Goraksha • 1 day ago
Ha ha ha Islam had already given property rights to women 1400 years ago.please search in Google
Srinivasan Jayaram • 1 day ago
I am confident that PM Modiji will bring uniform civil code for all Indians and will not have any more discrimination to girl child.
chanakya • Mumbai • 1 day ago
It should be the will of the father to decide whom to give or whom to not? If son is not deserving, then property should be given to daughter and vice-versa
anupama sahu • Bengaluru • 10 hours ago
I think that even a daughter should be held accountable for taking care of her parents in their old age. Why should this duty fall upon the shoulders of only sons? You dont want to take care of your parents, you let your parents arrange for your dowry and there you feel too weak to stand against it, serve your in laws, and when it comes to property, you shamelessly come forward to grab your so called right. I am a daughter too. But i know my duties. And my duty is first and foremost towards my parents. ...
anupama sahu • 5 hours ago
daughters take care of their parents more than a son
Ravi • 1 day ago
Agree but only if daughter also spends for the family.
Mahender Goriganti • 17 hours ago
Yes he can to all not just daughter but all in the family & relatives and just donate to any in the world or an organisation.
Satish Goud • 22 hours ago
Daughters are given huge dowries,mostly elder son shells out the bills from his pocket and sons had to wait till partition agreements to get access to the property, and daughters again get equal share during split. who is gaining in this case.
Satish Goud • Location • 22 hours ago
Then don’t ask for dowry for your sons, easy solution n your crying will also finish
Ajay Singh • 1 day ago
Very good article. Women is not a commodoty, who can be denied her rights in property at the will of someone.
Nideesh S • 1 day ago
what will happen in the kerala case, where daughter went against the wishes of father converted into different religion . can father sell all his properties and donate the money to charity. Can he also specify in will that the daughter should not attend his funeral
Alok Sahay • 11 hours ago
What if property is in name of mother?? Can any body answer
Nationcomesfirst • Mother INDIA • 14 hours ago
Every child should be entitled equally..no matter the gender..
Samuel • 18 hours ago
If father mother and daughter died then in this case the property will go to sons?
But we have children of daughter here will they get any share??
Samuel • 18 hours ago
Child of deceased daughter is also Class 1 heir. So they will get share. Each direct son and daughter will get 1 equal share.
Parikshit Rao • 22 hours ago
In India, people think they will live for eternity and don''t make a will.
This also creates a lot of problem.
Even if the property is self acquired and the father has given a huge dowry making a dent to his son''s share and doesn''t make a will, the daughter comes back to claim for the remaining property. This way she ends up getting more than her brother''s share in the property.
Agentk • 23 hours ago
We need an uniform civil code.. not one that applies to specific religions or castes.
Nitin Dharaskar • 1 day ago
Girls have all the rights to have equal share in the ancestral property irrespective of married or unmarried.
NitinDharaskar • 1 day ago
Well that also calls for sharing of equal responsibilities as well.
Priyesh Sekar • Chennai • 14 hours ago
No one has any right over the self earned money of the father.. Be it male or female child. The right only goes to the father
Kumar Advani • mumbai • 21 hours ago
What about a daughter-in-law? Can she claim a share in her father-in-law''s property both moveable/immoveable?
Kumar Advani • 20 hours ago
Daughter in law needs to be shameless for asking her share
Kumar Advani • 21 hours ago
I think answer is NO.Only sons and daughters are entitled to share ancestral property.
sailen saikia • 22 hours ago
Is giving property to daughter a SIN?