You are married or single but still worried about the fair share in the property while being an Indian citizen. Then you must follow through this blog to know about the top conditions where you, being the lady, still owe the prerogative over the property after your parents.
For years, Indian women have struggled to get the recognition they deserved. And finally, in 2005, the historic Hindu Succession Act 1956 was amended, becoming a level playing field for Indian women.
So, continue to read to know when you can claim a right on your father’s property in India:
In Case of Ancestral Property
As per the Hindu law, homes are either ancestral or self-acquired. For a property to be called ancestral, it should be passed onto more than four generations without getting divided in between other parties.
So, after four or more generations, the children, irrespective of their gender, have an equal right on the property’s net worth. This is de facto one of their birthrights. However, you must know that before 2005, only the sons were deemed to have the rightful ownership of such properties.
Now, though, the father cannot simply will the property to the people he likes. The daughter should not be deprived of her rights, or she can drag the family to court.
Self-Acquired Property Cases
Irrespective of the amendments made in the property right of a daughter in India, this law does not have any provision for the daughter in the case of self-acquired property or wealth. In such cases, the father can will or nominate any person of his liking—the one who he trusts the most with his wealth. It could be only son/daughter, or both the children.
However, if the daughter is not given the fair share in this property, then she cannot claim her right.
When Father Dies Without A Will
Under this condition, each legal heir of the father is deemed to get the rightful ownership of the property. The four classes of rightful heirs are widows, sons, and daughters, and then others.
In other words, daughters like you will have the right on your father’s property even when he has not prepared the will ever.
When the Father Died Before 2005
The Hindu Succession Act 1956 was changed on 9th September 2005. Therefore, the father must have been alive on this date or afterwards for the daughter to stake a claim as equal to the son’s claim on the father’s property.
However, if the father died before this date, then the daughter, unfortunately, will not have any legal claim. Then the properties will be distributed amongst the children or family members as per the father’s will.
When Daughter Was Born Before Or After 2005
The property right of a daughter in India justifies the role of women very clearly. That is so because no matter when you were born, if your father is still alive or has been alive after 2005, then you will always have the equal right on the property, especially the ancestral one.