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Right to Property: Indian society is changing rapidly. Now people are not differentiating between daughters and sons. This is the reason that now legally daughters are also given full rights in their father's property like sons. This means that daughters are now Class 1 heirs who can claim equal rights to their father's property.
However, sometimes it also poses some difficulties. For example, the question arises that what will happen if a father has bequeathed all his property in the name of his sons or someone else. Can a daughter claim her father's property even after the will? Let us know the answers to these questions.
first understand the rights of the daughter
According to the Hindu Succession (Amendment) Act, 2005, a daughter has the same rights as a son in her father's self-acquired property. Whether the daughter is married, divorced or single, it does not affect her rights. That is, in such a way that the daughter has the right in the self-acquired property of the father in any situation. But now the question arises that what will happen if the father has willed his property and the daughter's name is not there in it?
What to do if name is not there in the will?
According to the Hindu Succession (Amendment) Act, 2005, a daughter, like sons, is also a Class 1 heir to her father's property. If after the death of the father it is discovered that he has made a will in which the daughter is not named, the daughter, being a Class 1 heir, can challenge the will.
At the same time, if it is ancestral property and not self-acquired property of the father, then the daughter also has the same rights as the son. However, if the father is alive and does not want to give his self-acquired property to his daughter or son, then the daughter and son cannot do anything about it. According to law, any person is free to give or sell his self-acquired property to anyone.