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by Jaagruk Bharat

09-07-2024 at 10:29 AM

When Can a Daughter Not Claim Her Father's Property?

Have you ever thought about instances when a daughter cannot become heir to her father’s estate? The rules of inheritance are peculiar, and they are not always fair to women. Today we will tell you when daughters cannot claim their rights to their father’s ancestral property.

What The Supreme Court Has To Say About Daughters’ Rights to Father’s Properties?

Under the Hindu Succession (Amendment) Act, of 2005, daughters could claim their share only if the father had died after September 9, 2005. However, the recent Supreme Court (SC) judgement has clarified that daughters have equal rights to their father’s ancestral property irrespective of the year of death of the father.

When Can a Daughter Not Claim Her Father's Property?

Here are some of the provisions where a daughter can’t claim on father’s property

Self-Acquired Property And Inheritance Rights

In India, there are certain conditions under which it may be difficult for daughters to obtain their father's property. If the father has acquired the property himself, i.e. he has acquired it from his resources and not from the ancestral property, etc. Then the daughter's claim becomes weak. 

According to Hindu law, the father can distribute or bequeath his property to anyone during his lifetime. However, in contrast, daughters do not automatically have the right to an equal share alongside sons in this self-acquired wealth, unlike their right to a 50 per cent bequest from ancestral property.

Prior Transfers Of Property

A daughter cannot access her father’s assets if he has transferred the assets before his death. So if the father has given or sold the property to a family member such as his son or spouse during his lifetime, the daughter has no right of ownership to the property acquired by the father himself. 

Agricultural Land Inheritance

Many times, daughters encounter difficulties attempting to claim inheritance rights to their father’s agricultural land. The issue is complex because inheritance laws differ from one state to another.

Conclusion

Although daughters generally have the same rights to their father’s estate as sons under Indian laws such as the Hindu Succession Act, there are situations where a daughter cannot successfully claim her equal share.  The Supreme Court has also ruled that a father can choose to give his self-acquired property to only one of the daughters and leave the others out, as “a father knows best what would resonate with the children”. 

Learn the verdict of the Supreme Court concerning the Hindu Succession Act here.

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