Table of Contents
Can daughter challenge fathers will?
The daughter acnnot challenge the will as it will be his personal choice who he wants to give the property. However, if the property is the self-acquired property of the father, then the father has all the right to dispose of such property in any manner he deems fit.
Can ancestral property be gifted to daughter?
In a major judgement, the Supreme Court has ruled that a father can gift a reasonable portion of his ancestral immovable property to daughters at the time of their marriage or even long after their marriage. “No hard and fast rule prescribing quantitative limits of such a gift can be laid down.
Can father deny ancestral property to son?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
Can ancestral property be gifted to anyone?
You have right in your grandfathers property. So if the entire property was transfered by gift deed without giving your share then you can challenge the gift deed and file a suit for partition thereby seeking share.
Can ancestral property be given in will?
Can properties obtained through a gift or will be ancestral properties? Properties that one acquires by way of a gift deed and through the execution of a will, do not qualify as ancestral properties. Also note that through a gift deed, a father can give this self- acquired property to a third party in his lifetime.
Can a daughter stake a claim over her father’s property?
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 9 September 2005 for the daughter to stake a claim over his property.
Can a father oust his daughter from ancestral property?
So father cannot oust the daughter from ancestral property. Father’s will can operate only upto the specified share of father and his self acquired property. The daughter will automatically inherit her equal share in father’s ancestral property if father dies after 2005.
Can property be given to a daughter through a will?
Only the self acquired property of the father can be given to anybody through a will but the property inherited from the ancestors can not be disposed like that. In the inherited property the daughter has a claim.
Can a daughter challenge a father’s will?
However, if the will is about the self- acquired property of the father then, the daughter cannot challenge that will. Before 2005, daughters cannot challenge the will if their father is testate or include, the whole ancestral or HUF property in the will.