- Date : 13/06/2023
- Read: 4 mins
Know how the law empowers daughters and why a father can't deny them their rightful share. Read more!
- Daughters have a stake in the ancestral property by birth, which cannot be deprived through a property will.
- In the case of self-acquired property, a father has the right to write a property will to anyone he wants, and daughters cannot object.
- When a father dies without a will, all legal heirs, including daughters, have equal property rights.
Can a father refuse his daughter's share from his property will? Let’s shed light on the topic by exploring the various aspects of a daughter's rights in a property will.
What is a property will?
A property will is a legal document that outlines the distribution of a person's property after their demise. It ensures that the property is passed on to the desired individuals. While the Indian Succession Act of 1925 specifies that a property will be handwritten or typed, it is crucial to have a will to prevent complications and disputes.
Historical context
The Hindu Succession Act of 1956 aimed to achieve gender equality by granting daughters the right to inherit ancestral property. In 2005, the act underwent a significant amendment, recognising daughters as coparceners, irrespective of their marital status. It granted them equal rights in ancestral property and ensured their rightful share in their father's assets.
Also Read - 6 Things to include when writing a will
What was the Supreme Court Ruling in 2022?
In January 2022, the Supreme Court passed a landmark verdict stating that Hindu daughters would have the right to inherit their father's property without a property will and if there were no other legal heirs. It also clarified that if a Hindu woman dies without a will, the property inherited from her father or mother will go to the father's heirs. The same inherited from her husband or father-in-law would be transferred to their heirs.
Understanding the implications of the ruling
Here are the critical scenarios specific to Hindu families under the Hindu Succession Act, 1956:
- Ancestral property: Daughters now have an inherent right to ancestral property, regardless of birth date or marital status. They cannot be excluded from the property will and are entitled to a share by birth.
- Self-acquired property: In cases where the father acquired the property, he retains the right to decide the beneficiaries through the will. Daughters may not have the grounds to contest the will in such instances.
- Intestate father: If the father passes away without writing a will, the property is distributed equally among legal heirs, including daughters. They are considered Class I heirs and have equal rights to the property.
- Married daughters: The amendment removes the distinction between married and unmarried daughters. Both have equal rights to their father's property.
To conclude
To answer the previous question, no! While a father can draft a property will to distribute his self-acquired property, he cannot wholly disinherit his daughter without a valid reason. Furthermore, a father cannot deny his daughter's share in ancestral property through a will. This progressive shift ensures that fathers cannot deny their daughters their rightful share in the property will.
Find the latest articles on savvy women here.
Related Articles: Maharashtra Budget 2023 reduces stamp duty for female homebuyers.
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
- Daughters have a stake in the ancestral property by birth, which cannot be deprived through a property will.
- In the case of self-acquired property, a father has the right to write a property will to anyone he wants, and daughters cannot object.
- When a father dies without a will, all legal heirs, including daughters, have equal property rights.
Can a father refuse his daughter's share from his property will? Let’s shed light on the topic by exploring the various aspects of a daughter's rights in a property will.
What is a property will?
A property will is a legal document that outlines the distribution of a person's property after their demise. It ensures that the property is passed on to the desired individuals. While the Indian Succession Act of 1925 specifies that a property will be handwritten or typed, it is crucial to have a will to prevent complications and disputes.
Historical context
The Hindu Succession Act of 1956 aimed to achieve gender equality by granting daughters the right to inherit ancestral property. In 2005, the act underwent a significant amendment, recognising daughters as coparceners, irrespective of their marital status. It granted them equal rights in ancestral property and ensured their rightful share in their father's assets.
Also Read - 6 Things to include when writing a will
What was the Supreme Court Ruling in 2022?
In January 2022, the Supreme Court passed a landmark verdict stating that Hindu daughters would have the right to inherit their father's property without a property will and if there were no other legal heirs. It also clarified that if a Hindu woman dies without a will, the property inherited from her father or mother will go to the father's heirs. The same inherited from her husband or father-in-law would be transferred to their heirs.
Understanding the implications of the ruling
Here are the critical scenarios specific to Hindu families under the Hindu Succession Act, 1956:
- Ancestral property: Daughters now have an inherent right to ancestral property, regardless of birth date or marital status. They cannot be excluded from the property will and are entitled to a share by birth.
- Self-acquired property: In cases where the father acquired the property, he retains the right to decide the beneficiaries through the will. Daughters may not have the grounds to contest the will in such instances.
- Intestate father: If the father passes away without writing a will, the property is distributed equally among legal heirs, including daughters. They are considered Class I heirs and have equal rights to the property.
- Married daughters: The amendment removes the distinction between married and unmarried daughters. Both have equal rights to their father's property.
To conclude
To answer the previous question, no! While a father can draft a property will to distribute his self-acquired property, he cannot wholly disinherit his daughter without a valid reason. Furthermore, a father cannot deny his daughter's share in ancestral property through a will. This progressive shift ensures that fathers cannot deny their daughters their rightful share in the property will.
Find the latest articles on savvy women here.
Related Articles: Maharashtra Budget 2023 reduces stamp duty for female homebuyers.
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
