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.
A son can claim father’s property when father is alive in this case after proving his succession. When it comes to self acquired property, the law does not give any right to son to acquire father’s property during his lifetime, unless the son can prove his contribution towards the acquisition of property.
Even when the daughter is born before 2005, she has a valid right in the property of her parents. She can lawfully claim the rights in the property of her parents. However, since the law cannot be made effective retrospectively, it is mandatory that the father is alive when the law came into force i.e. …
When can a daughter Cannot claim father’s property? Read More »
So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.
Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.
If the property of a male Hindu dying intestate (without a will) is self-acquired property or obtained in the partition of a coparcenary or a family property, it would devolve by inheritance and not by survivorship, and the daughter of such a male Hindu would be entitled to inherit it in preference to others (such as .
Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.
According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property. She can claim the property any time during her father’s lifetime or even after his death.
Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property.
