You will get your father’s property. You should know that there are two types of property, one is inherited property and the other is self-earned property, ancestral property which you get from your ancestors and self-earned property which you earn by your hard work and career.
And when the question is asked whether this property will be given to the daughter as well, then the answer is yes because in the amendment made in the Hindu Succession Act in 2005, it was said that daughters, whether married or unmarried, will also be given the same amount of property as their father has, that is, ancestral property is like this.
But always remember one thing, if the father has made a court registered will in the name of one of the survivors, then under no circumstances the girl or the boy has any right.
If any person makes any property with his income and money then he is the sole owner of it and till he is alive, no one else has any right on that property. So here these properties are self-acquired properties of parents so no son or daughter can claim them in their lifetime.
even they cannot take the help of court. And with this we also tell you that parents can transfer this property to any person, gift it to any person or can also make a will in favour of any person because there is an established law on this that self-acquired property can be disposed of in any way.
You can stop parents from asking why you are transferring or gifting this property or these houses in favour of someone or making a will. So now I also tell you that parents can transfer this property to any person.
gift it in favour of someone or can make a will. To whom it can be given so here the entire property, there are total four houses, can be given to any one boy or can be transferred in the name of any other boy or can be given to just one girl even the entire property can be transferred in the name of a neighbor or can be transferred in the name of a stranger as there are established laws regarding this or this property can be donated as well.
Therefore, daughters have been given equal rights as sons. It is not that before 2005, daughters did not have rights in father’s property, even before that daughters had rights in ancestral property but in co-partnership, daughters were not considered members. Co-partnership is formed when a property is in existence for four generations i.e. if a property is in existence for more than four generations, then earlier daughters did not have rights in it.
But after the amendment of 2005, this situation was also abolished. It became widely spread in the society that daughters also have equal rights and they can file a partition case anytime to get their share in the property. We often get questions like how can a daughter claim her right in her father’s property which she has earned herself – so we thought that it should also be told that it is not that in every situation daughters get rights over the property, but there are some situations in which daughters do not get rights over the property.
Self Acquired Property: The Freedom to Decide And Distribute As You Wish
First of all you should understand that if a person has any self-acquired property then that person is free to take any decision regarding that property during his lifetime, i.e. the person can sell, gift or donate his self-acquired property during his lifetime or make a will or trust for it.
No one can stop that person’s daughter or son from taking any decision regarding his self-acquired property because as long as the owner of the self-acquired property is alive, no one else has any interest or interference in that property – this is important to know for those who are thinking of taking a share in their father’s property while he is alive because you get a share in your father’s self-acquired property only when the owner of the property dies.
and he does not make any will for the property during his lifetime, you get the inheritance only when the owner of the property is no more, because the person who buys or acquires the property while he is alive is the full owner of the property. Also understand that if a person has received any property as a gift or through a will, then that property will also come under his self-acquired category. So the first situation is that if the father has self-acquired property, then neither the son nor the daughter will have any right or claim on it while the father is alive.
After this, if a person has made a will regarding his property during his lifetime, then after his death it does not matter how many heirs he has, rather his property will be received only by those in whose favor the will has been made. Suppose a person has two sons and two daughters, but before his death he has made a will of his property only in favor of his sons, then the daughters cannot say that they also have equal rights – because the rights regarding the property will be decided by the will.
After this, the third situation arises that if after the death of the father, the daughter has renounced her share in favor of other shareholders, then she cannot make any claim to get her share later – yes, for this it is necessary that the daughter has renounced her share through a registered release deed. Once a shareholder renounces his share, he is bound by it and his share in the property ends forever.
However, if the renunciation is done by fraud or by giving wrong information, then it can be challenged but generally it is not possible for a person to claim the property even after renunciation. After this, in some states like Uttar Pradesh, Uttarakhand, there are such laws regarding agricultural land that after the death of a person in agricultural land, his married daughters are not considered first class heirs. In such a situation, the married daughter can demand a share in her father’s other properties after his death.
but she does not have a share in the agricultural land. So in essence, the person who has acquired the property is its complete owner. While he is alive, any of his heirs has a right to that property and if that person wants to give the property to someone by making a will, then this can also be done. Whether it is a daughter or a son, inheritance is received only when the person has died and he has not made any will before dying.