Rights of Daughter in Father’s property if he dies without Will

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Daughter’s right in her parents property has always been debatable. Earlier, the law prohibited the daughters from inheriting the property of the parents. It was only the sons who were entitled to be a successor in their parents’ property. They had an exclusive right to be a coparcener in the ancestral property.

But after the amendment of 2005, the law clearly stated that the daughters can claim a right in their parents’ property. Daughters now have an equal right in the ancestral property and are at par with sons.

Since the law came in 2005, there arose a confusion in 2015 when two daughters born before 2005 claimed a right in their father’s property. All the courts denied the sisters’ right in the property.

But in the end when the appeal finally went to the Supreme Court, it clarified that a daughter’s right in the property shall remain valid irrespective of her age. It does not matter if the daughter was born before 2005.

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. 2005. If the father had deceased before the law came into force then it cannot be imposed retrospectively.

It also clarifies, that irrespective of the fact whether the daughter gets married or stays unmarried, the right of the daughter in her father’s property remains unaffected.

It further states, that the partitioning that took place before the amendment came into force cannot be reopened by the daughters after the amendment.

By the virtue of this amendment, the children of the daughter also get a right in the property in case the mother is deceased.

Therefore, as stated above, the daughters also have a share in their parents property which in the absence of a will would be distributed as mentioned in this article:- Distribution of Assets in case a person dies without a will.

Karan is CA by Qualification with the rare distinction of being awarded All India Rank 22. He is also the founder of this website and is an expert in helping people save Taxes legally. He can be reached by booking an appointment for Tax Advisory Service.