Can Daughter Claim Father's Property?

 A daughter's right to her father's property in India will depend on various factors including personal laws

In India, it is a general practice for women to let go of their rights over ancestral property after they get married. But how does the legal system in the country view such situations? To understand whether a daughter can claim her share in father's ancestral property, here are some important things to understand.

Daughter's rights to ancestral property - Hindu Succession Act 1956 (Amended in 2005)

As per this law, daughters have equal rights, just like sons, to claim their share in ancestral property. An ancestral property is one that has been passed over for four generations. The Hindu Succession Act applies to a Hindu Undivided Family (HUF). It covers various faiths such as Hindus, Jains, Buddhists and Sikhs. Daughters have rights to ancestral property, irrespective of whether they are married or unmarried. Daughters can demand their share in such properties.

Self-acquired property - If the property is developed by the father and is not classified as ancestral property, the daughter does not have automatic claim to such property. However, if the father dies without a will, the daughter can claim equal rights, just like sons.

Year of father's death - The Hindu Succession Act was formed in 1956. If the father died before this act came into force, then the daughter cannot claim rights to her father's property. Before this act came into existence, inheritance laws were governed by the Hindu Women’s Right to Property Act, 1937. Under those laws, the widows were given the right over the husband's property.

Conditions when daughter cannot claim rights to father's property - There can be situations when a daughter may not have the rights to claim ownership to father's property. For example, it is possible that the father may sell the property during his lifetime. In such cases, the daughter cannot claim her share after the death of her father. This applies to both ancestral and self-acquired properties.

It is also possible that the father may choose not to name her daughter in his will. This will be applicable in case of a self-acquired property. However, the daughter can file a court case against the will, as a Class I heir. As per law, Class I heirs include the immediate family members such as spouse, mother, daughters and sons.

Daughter's right to father's property under Muslim laws

Under Muslim laws, a daughter is entitled to her share in father's property. However, a daughter's share is only half of what the son will be getting. If the father dies without a will, the daughter can claim her share, as per Muslim personal laws. Another thing is that a daughter's right to father's property does not come by birth, as per Muslim personal laws.

Daughter's right to father's property under Christian personal laws

Equal rights are given to daughters, just like sons. If the father dies without a will, the property is equally divided among the spouse, daughters and sons.

Other communities

Here too, equal rights are given to the daughter. However, if the father dies without a will, the relevant personal laws of the community will be applicable. Succession in both the Christian and other communities are governed by the Indian Succession Act, 1925.