Property Laws Rule: Does Daughter Have Equal Right in Father’s Property If He Has Only One Job?

In India, the division of property and the rights of daughters are sensitive but important issues. Many times, a question arises in families: if the land or house originally belonged to the grandfather but is later registered in the name of the father and son, will the daughter also have a right to it? In this article, we will explain all the important details related to this matter in simple words.

Daughters Have Equal Rights in Property

After the amendment in the Hindu Succession Act in 2005, daughters got the same rights as sons in their father’s property. Earlier, daughters had no rights in ancestral property, but now, whether they are married or unmarried, they will get an equal share.

If the father dies without a will, then the property is divided equally among all legal heirs. This includes both sons and daughters. It does not matter whether the property was earned by the father or passed down through generations.

Understanding Property Types and Daughter’s Rights

If the grandfather’s land is ancestral and it is transferred only to the father and son without a will, then the daughter will also get her share. In ancestral property, all children, sons and daughters, have equal rights.

However, if the property is self-earned and the father has written a will stating that only the son will get the property, then the daughter cannot claim that property. A will is valid for self-earned property, and the father can give it to anyone.

But a will is not valid on ancestral property. In such cases, all children have equal rights. The father or grandfather cannot give all ancestral property to just one person through a will.

Even if a daughter is divorced or the father has a second marriage, all children still have full legal rights on the father’s ancestral property. These children are treated as Class 1 heirs under the law.

To avoid family disputes, it is always better that parents make a will or a gift deed during their lifetime. This ensures that the property is divided clearly and legally, and everyone gets their rightful share. Taking advice from a lawyer in such matters is also a good step.