Most parents in India add property for their children and sometimes make a will. So that, there is no quarrel over the property sharing after their departure, but if a person does not leave a will, then there is an equal part of the property among the children. It consists of both son and daughter. The law has given equal rights to son and daughter on father’s property.
Daughters also have the right to equalize
According to the revision done in the Hindu Succession Act in 2005, daughters have also got equal rights to sons in father’s property. Whether the daughter is married or a virgin, she gets an equal share in father’s earning property and property. But this is only when the father has not written a will. If the father has written a will before he dies, then according to him the children get property.
What will happen if there is a will?
If the father has not made a will, then his property is distributed to legal heirs under the Hindu Succession Act. In this, son, daughter, wife get equal part of the property. These class 1 are considered to be legal successors.
However, if the father has made a will and handed over his property to one, then other heirs in that property cannot claim. But the will not affect the will in the ancestral property. He has equal rights for all legal heirs.
Better solution is to distribute in time
Often parents distribute their property to avoid future quarrels. Many mothers give their daughters as land, jewelry or house as gifts, so that they get financial security even after marriage.
If a person has two houses and two children, then he can give each house to both. He can live in one house himself and make other assets a nominee in a will. So that, no one has any complaint later.
The rights of children born after divorce
A common question arises whether a divorced woman’s child gets the right in the ancestral property of her ex -husband? The answer is – yes. According to the Hindu Succession Act, such children also have heirs in their father’s ancestral property, whether the father has married again or not.