Property Rights: If there is no will, will the daughter get a share in the father's property or not, know the law..

Property Rights: In India, parents often accumulate property for their children and also make a will to avoid disputes. If there is no will, then according to the law, the father's property is divided equally among the children (both sons and daughters). This ensures that all legal heirs get equal rights in the property, reducing future disputes.

Daughters also have equal rights-

After the amendment in 2005, the Hindu Succession Act gives daughters equal rights as sons in the father's property. Married or unmarried, the daughter gets an equal share in the father's acquired property and ancestral property. However, this rule applies only when the father has not written a will. If the father has written a will, the property will be divided accordingly.

What if there is no will?

If the father has not made a will, then his property is divided among the legal heirs under the Hindu Succession Act. In this, the son, daughter, and wife get an equal share of the property. They are considered class 1 legal heirs.

However, if the father has made a will and handed over his property to one person, then the other heirs cannot claim that property. But the will does not have any effect on ancestral property. All legal heirs have equal rights over it.

Dividing it in time is a better solution-

Parents often divide their property during their lifetime to avoid future disputes. Many mothers gift land, jewelry, or houses to their daughters for financial security. If a person has two houses and two children, then he can give one house to each child. He can live in one house himself and make a nominee in the will for the other properties, so that there is no complaint later.

Rights of children born after divorce-

A common question that arises is whether the children of a divorced woman get rights in the ancestral property of her former husband? The answer is – yes. According to the Hindu Succession Act, such children are also heirs to their father's ancestral property, whether the father has remarried or not.

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