Can Daughters Stake Claim On Father’s Property In India? You’ll Be Surprised To Know

The division of property is one of the most controversial issues in Indian society since time immemorial. Families that are "sugar, spice and everything good" become completely toxic and eager to divorce when inheritance talks begin. Batwaara (property division) is actually one of the most favorite TV series and Indian movies. And why not? It is as dramatic as it sounds and is also one of many examples of gender discrimination. Until 2005, women had no right to the property of their ancestors and it descended from generations through the bitter patriarchal line. The scenario changed for good after a change that was adopted in 2005.

Parents often spend huge sums on their daughter's wedding and dowry. Most families believe this is a valid justification for why their daughters should not get the same share when it comes to an inheritance. Unfortunately, most women who have married their price can not save a penny for themselves. Moreover, their laws never loosen their grip on the key. Ultimately, these women become financially dependent on their spouse or other family members, making them dependent on many other aspects. But many of these unfair laws have been cleared in recent decades, confirming our belief in the country's judicial system. If you want to know the laws about inheritance in India, read on

Legacy Heritage Laws

  Legacy Laws


There are various types of inheritance laws in India. We are so sure that most of you are not even aware of them. That is why we feel that it is time to educate everyone about these laws. The legacy of the will / testament is when the inheritance is done according to the will of the deceased. On the other hand, when a person dies before writing his will, he is called an inheritance that is not a will / illegality. Legitimate heritage laws are different from the different communities in our country. For example, the Hindu Legacy Act applies to Hindus, and Sharia law is relevant to Muslims. The heritage of inheritance or inheritance for all communities except the Muslim community is governed by the 1925 Inheritance Law of India

In this article we will deal with inheritance laws and wills that affect the Hindu community. Hindu Legacy 1956

  1956 Hindu Heritage Act


This law was passed by the Parliament of India to legally codify the division of ownership of Hindu men between successive generations. The law applies to all Hindus, including Sikhs, Jahirs and Buddhists, but it does not apply to those who have married uninduciously under the Special Marriage Act, 1954. Before we enter the division of property, it is important to understand both properties exist.

The ancestral property is something that is inherited from the man by his ancestors. This must be something that has been transmitted for at least four generations and should have remained inseparable in the different male genera. Own acquisition is what the person bought with his or her own money and does not include the assets he owned from his ancestors. the person still has the right over it. Until the 2005 amendment, only male heirs were entitled to property under this law. Let's look at why this change was made and the drastic change it brought into the whole system.

The amendment of 2005

  The amendment of 2005


What was the amendment? Earlier, according to the 1956 Hindu Heritage Act, the daughters did not receive any right over the property of their ancestors, but were limited to their father's inheritance. In order to remedy this inequality, the 2005 amendment imposed on the father the obligation to distribute and divide the property equally among his or her children, regardless of their sex. As mentioned earlier, women's financial dependence is the main cause of the economic problems they face. This amendment was introduced in order to achieve equality in the heritage so that women do not suffer financial dependence. Nowadays women have the same rights in their inherited property and may also require separation when they wish. If the other heirs are against division, one can raise a legal objection.

When the daughter can claim her father's property? All legal heirs have the same rights as the estate and the father can not raise an objection in this case. The daughter, married or unmarried, has equal rights over heritage property, just as a son. However, in the case of ownership acquired by the owner, the father has the right to decide who wants to give the property and how much it should be given. In the event that the father dies without a will, all his property, including an ancestor and property, is distributed equally among his heirs. The heirs include the father's widow and children. If the property belongs to the mother, her widow and her children become heirs.

Women all over the world are not getting equal opportunities in the most basic things like education and careers, although the law says they are entitled to it. Often women sacrifice or are "convinced" to sacrifice their share of property for their siblings without choosing a legal battle. After all, the law can only record rights and obligations, but who has to change people's attitudes? What is your view of equal ownership inheritance? Share your thoughts with us in the comments section below.

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