Sage-Tips

Can married daughter claim equal share in mothers ancestral property?

A daughter cannot claim her right during the lifetime of her mother. According to Hindu Law, a daughter has equal rights to a mother’s self-acquired property equally. The daughter can claim her right after the death of her mother on mother’s self-acquired property.

Can a daughter claim on ancestral property in India?

A daughter remains a coparcener in the property even after her marriage. While it said that a daughter has the same rights over the ancestral property as the sons, the SC put a caveat that both, father and daughter, had to be alive on September 9, 2005, for this provision to come into force.

Which law gives equal right to daughters in ancestral property and business?

Hindu Succession (Amendment) Act of 2005
Hindu Succession (Amendment) Act of 2005 The law also gave the daughter the same rights and liabilities in the coparcenary property as she would have had if she had been a son. The 2005 amendment was passed to confer equal status on sons and daughters of coparceners.

Do girls have rights on ancestral property?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.

What are the legal rights of a daughter?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

Can a daughter Challenge mother’s will?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

What are the rights of a daughter in property in India?

Daughters have an equal share in their father’s self-acquired Property as well as ancestral property. Daughters after the Supreme Court judgment of 2005 have become coparceners. Hence, they have equal rights in all Property, including agricultural lands. Any restrictions on property rights are the same for all genders.

Can daughter claim father’s property?