Ancestral property: How much right does a daughter get in ancestral property, know the legal provisions
patrik sampatti - No matter who owns the property... when it comes to division and rights, even family members start arguing. Actually, in Indian law, daughters have been given equal rights in property as sons. But now the question arises that how much right do daughters have in ancestral property? Let us know in the news below-
Hr Mandi Bhav News (Bureau). Girls are often considered alien property. It is believed that after marriage, the girl's in-laws house is her home.
In such a situation, doesn't the girl have any right on the ancestral property (patrik sampatti) of her maternal home? Is there any law for girls regarding property. Today we are going to answer some such questions.
The Hindu Succession Act 1956 was amended in 2005, under which daughters are equally entitled to property with their brothers. However, there are some conditions for this.
What is Hindu Succession Act 1956
According to the Hindu Succession Act 1956, if a Hindu person dies before making a will, his property will be legally distributed among his heirs, family or relatives.
If the deceased person has sons or daughters, then in such a situation the sons will get priority in choosing their share, after which the daughters will get only the remaining property.
If the daughter is unmarried, widowed or abandoned by her husband, she can live in her maternal house. If he is married then there is no provision for this.
Amendments were made in 2005 and 2020
According to the amendment made in 2005 in the Hindu Succession Act 1956, daughters have equal rights in ancestral property, but this law will be applicable only if the daughter's father is alive on 9 September 2005. If the father has died before then the daughter will not be considered entitled to the ancestral property.
In 2020, the Supreme Court amended the law made in 2005 regarding property and made it clear that whether the father died before or after September 2005, daughters have equal rights on ancestral property.
what is called ancestral property
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Ancestral property (patrik sampatti) means property created by grandfather or great grandfather or in other words inherited property. Along with the father, his children and his wife also have the right on the ancestral property.
If a person has created his own property then he can give all his property to anyone through a will. If the person does not have a will, the mother and children will have rights over his property. If the person's parents were dependent on him, they will also have the right on the will.