New Delhi. If a person dies without writing a will, legal battles are often seen among the heirs regarding the property. Many times a person prepares his will while he is alive, but even after that a situation of dispute arises.
There are clear laws regarding property, according to which it is decided who is entitled to which property and who is not. But despite this many times girls are deprived of their rights. If this happens then you can get your rights back by adopting the path of law.
By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get equal share in ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. Today we will tell you when daughters can claim on father’s property.
If the son transfers his father’s property in the name of his sons, then if the father is alive and has transferred his self-acquired property to the grandsons, then the daughters have no claim on it. If the father has died and the property has been transferred through a will, then the daughter can challenge that will in the court on the basis of valid reasons. But if the father died without writing a will, then the daughters have equal rights in the property of the deceased and they can claim it in the court.
When wife cannot write Will for property
Let A be a Hindu man, who died intestate and the gift deed property was his own property. In such a situation, the wife cannot write a will for that property. If he dies intestate, then under the Hindu Succession Act, 1956, all Class I heirs will have an equal share in the property. Class 1 heirs will include wife, children and mother of the deceased.
When the daughter cannot claim the father’s property,
the daughter’s side is weak in the case of self-acquired property. If the father has bought land, built or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give self-acquired property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.
