According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an …
What are the legal rights of son in the property of his father? Read More »
Daughters have an equal share in their father’s self-acquired Property as well as ancestral property. Daughters after the Supreme Court judgment of 2005 have become coparceners. Hence, they have equal rights in all Property, including agricultural lands.
The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition.
A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.
The parent will legally disinherit the child in their will or trust. However, an individual can choose to legally disinherit anyone they like, including a child, parent, spouse, or family member.
Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone. However, the mother and daughters being legal heirs and interested parties in the concerned property, can dispute the said transaction of gift.
You can obtain a no objection certificate from her as a legal heir, and then you will have to file an application with the Tehsildar to have her name removed.
If the second marriage took place after the death of the husband’s first wife: As this second marriage has legal sanctity, the second wife and her children can claim their property rights in the capacity of the Class-1 legal heirs of the husband.
As per the Hindu Succession Act, 1956: Both married and unmarried daughters now have a legal right to their father and mother’s property. Daughters can now also become the manager or Karta in ancestral property. Daughters have the same rights and obligations as their sons.
“ If the property is self acquired by the parents, a son has no legal claim in it. You can bequeath your property to anyone you wish to, by the means of will, or you may gift it to any person by a gift deed.
