Maximum disputes that arise come from issues related to property. Rights over lineal or ancestral property are one of the most sorted cause. This article deals with the daughter’s right over their ancestral as well as self-acquired property. It gives us a deep idea and knowledge about laws regarding such cases. Added to that, procedures followed to implement those laws. Lets know all about Ancestral Property Daughter Rights.
As claimed by Hindu law, the properties are divided into two categories:
Self-acquired property is one that’s clinched by the individual using his earned resources. At the same time, ancestral property deals with the belongings or the assets (land parcel, real estate, etc.). That is, the ancestors must have owned it. According to Hindu law, the lineal property is the one that gets taken over by the male lineage up to four generations. However, it must remain as a whole during this period”.
Types Of Property Inheritance Law
In India, inheritance law has two layouts:
1. Personal Inheritance Law (Having a Religious Undertone)
It is relevant to succession without a will(i.e., in case of intestate). This includes the Hindu Succession Act, 1956, and Muslim Personal Laws (often called Shariat) Application Act.
2. Indian Succession Act,1925
It gets applied to the successor, in whose name the transfer of property takes place through a will. That is, a person can transfer his self-acquired property to whoever he wants by shaping the will.
Daughters’ Right In Ancestral Property
The Hindu Succession Act, 1956, was revised on 9th September 2005, authorizing an equal share in an ancestral property for the daughters. According to the law, the “Hindu Succession Act categorizes a male’s heirs into four different classes. The inheritable property goes to class 1 heirs”.
This class 1 heir holds widow, daughters, sons, and others (mother of the intestate, heirs of pre-deceased children of the interstate).
Each legal successor has the right to claim one part of the possession. It implies that the daughters have an equal share in the property as that of sons. However, heirs belonging to class 1 have to provide a valid succession certificate to claim such assets.
The Procedure Of Getting A Legal Heir Certificate
Step 1 : Applying for the certificate under District Tehsildar Officer through the District Court. Make sure they are having authority over that area.
Step 2 : It involves the village Administrative officer and revenue inspector of that particular district. After the necessary query, the certificate gets provided to the concerned person by the district authority.
Time Limit To Claim Right Over The Property
In case the property has gets transferred by the original owner to someone else then, the proficiency of the Limitation Act, 1963, comes to action.
According to this law, the time limit prescribed to file a suit to impose a right related to immovable property is 12 years. Beyond this time limit, even the original owner’s legal heirs cannot instruct a suit to claim the property.
Limitation For Withholding Sale Of An Ancestral Property
The limitation period to file a civil suit to restrict the sale of ancestral property by a legal heir is 3 years from the date of sale. In case the legal heir is minor, he could instruct the civil suit within 3 years after reaching the age of eighteen.
As per Article 60 of the Indian Limitation Act, “a minor person should file such suit within three years from the date when he attained the age of majority.
According to the Hindu Minority and Guardianship Act, 1956, if the court appoints a guardian for a minor child, his majority age is considered 20 years. So, he can file a suit after reaching the age of twenty-one.
In Case Of Intestate
When it comes to the intestate, i.e., when a father dies without shaping the will, the daughter has all the rights to claim a fair share in the property (both self-acquired and ancestral). It’s valid irrespective of the fact that the daughter was born before 2005 or after that.
However, if the father dies before 2005, the daughter cannot claim the property. Moreover, a daughter can claim a share in her mother’s share of the property. It’s valid if she has died intestate in the legal heir’s capacity to the deceased mother.
Besides, if a Hindu male passes away, class 1 heirs will get the property distributed among themselves. In case there is no class 1 heir, the same procedure followed for class 2 heirs. It includes father, grandparents, grandchildren, brother, sister, and other relatives. In case there are no class 1 or class 2 heirs, the property gets divided among the Agnates and then the cognates.
Agnates are the blood relations descended through the males (brother’s daughter, brother’s son, son’s son, etc.). Cognates are the blood relations descended through the females (sister’s daughter, sister’s son, sister’s son, etc.).
If none of the above-mentioned coparceners exist, then the property gets handed over to the Government. This procedure is called Escheat. In case a Hindu female passes away, the property gets distributed among first her husband and children. Then her husband’s heirs and then her father and mother followed by her father’s heir and then her mother’s heir.
Marital Status Of The Daughter In Aspect To Daughters’ Right In Ancestral Property
The law is applicable irrespective of the marital status of the daughter. That implies the daughter has a fair share in the property. It doesn’t depend on the fact that whether she’s married or not.
Before 2005, daughters were only considered Hindu undivided family members, not as inheritors or joint-heirs or successors. However, once the daughter gets married, she’s no longer considered a member of the family.
After the 2005 amendment, the daughter’s acknowledged as a joint heir irrespective of her marital status; in the case of maternal property, a married daughter of a deceased mother has all the rights to claim her share. Added to that, she is also considered as a legal heir to her deceased mother.
Daughters Right In Father’s Self-Acquired Property
In the case of the father’s self-acquired property, this law becomes pretty purposeless. Since the father has all the rights to hand over the property or shape the will in favor of anyone he wants. The daughter has no power to raise any grievances. Moreover, she gets treated as a legal representative of her father’s will. Even her name will get nominated to have a share in her father’s property.
According to the supreme court, “if you receive the property from your predecessor according to his wills, it won’t be ancestral for your next generation. It is the free will of the father to hand over the property to whoever he wants.” However, if the father dies without leaving the will, the same law follows, as discussed above.
Daughter-In-Laws’ Right In Ancestral Property
Daughter in law has no right to claim the ancestral and the self-acquired property of her in-laws. She only has the right to claim her share in her husband’s property. However, she is eligible to claim maintenance from her husband. Her rights get restricted to her own property and the property owned partly by her and her spouse. The only right she can enact is the right over the house. It may be shared or separated. It comes into play only when there is a dispute between the husband and the wife.
In Case Of The Death Of Her Husband
After her husband’s death, the wife turns out to be one of the legal heirs of the property. It is irrespective of ancestral or self-acquired of her in-laws who had given the same to their son.
Moreover, in such a case, she can claim her share in her husband’s property and other legal heirs (including adopted children). This property can be both self-acquired as well as ancestral.
This is the right which is gained by her as a widow of her deceased husband. As per Section 10 of the Hindu Succession Act, the husband’s property is equally shared among them in case there is more than one widow.
However, under Section 19 of the Hindu Adoption and Maintenance Act, the daughter-in-law can now file to claim maintenance from her father-in-law only after her husband’s death.
i. In Case Of Re-Marriage Of A Widow:
Earlier, according to the Widow Remarriage Act, 1856, all the properties and interests that a widow has by her deceased husband got ceased upon her remarriage.
As per the latest Hindu Succession Act, 1956, if a widow remarries right after her husband’s demise, she gets restricted to have right over her deceased husband’s property.
According to this, certain widows remarrying may not be considered as widows. Any heir from the widow does not get consideration to succeed in the property. As a widow of her deceased husband, if she remarries on the date of opening of the succession.
ii. In Case Of Divorce
At the time of divorce, issues related to permanent alimony and maintenance are discussed. In this, the wife will not have any right over her husband’s belongings after his death.
However, if a husband remarries without divorce, the second marriage gets secluded. It does not make any difference in the rights of the first wife.
Yet, heirs from the second marriage get considered legal successors. They will have a fair share of their father’s property.
iii. In The Case Of Adoption
The adopted child will have the same rights as that of the biological or naturally born child. Moreover, once the child gets adopted, they renounce their property rights in the biological family. If the child acquires a property before adoption, the property continues to be in his or her name.
Ancestral Property Partition
Property partition comes into the picture when two or more legal representatives have rights over an immovable property through joint ownership. At least one of them is willing to have proprietorship over his part of the property. Here the daughters enjoy equal rights as that of the sons.
Whenever an ancestor owns any of his parental ancestors’ belongings to the extent of three generations above him, then his legal inheritors three generations below him would get a fair share in that property.
According to the Hindustan Succession (Amendment) Act 2005, “All legal heir including daughters are also entitled to an equal sharing in the joint Hindu family.”
However, after the ancestral property gets divided among the legal heirs, it remains no longer ancestral. Rather becomes self-acquired by the legal coparceners. Such coparceners acquire it in the joint family.
Procedure For The Partition Of Property
The procedure for the partition of property is broadly classified into two categories,
In case of contested property partition, the legal representatives file a suit or “lawsuit.” It’s applicable when all the legal descendants are not in agreement with the property partition’s terms and conditions.
Whereas, when the partition of the property is done with mutual agreement, the heirs implement a “partition deed” to divide the property among its respective co-owners. This can also be done among the joint family members without any legal dispute.
Indian Property Law For Married Daughter
After the Hindustan Succession Amendment Act 2005, married daughters have an equal share over their parental property (both self-acquired and ancestral). They’re also considered legal heirs of Hindu Undivided Family by birth as a son irrespective of their marital status.
Both son and married daughter will have equal rights and liabilities in the property. Even after the death of the father or the coparceners after the amendment act of 2005, a married daughter is equally eligible to have a fair share of her father’s property.
Since the daughter is a legal heir and has a birthright to have an unbiased share in her father’s property, the right cannot be taken away just because of her marital status.
Frequently Asked Questions
1. Can I as a daughter claim on our ancestral property?
This law is similar for both unmarried as well as a married daughter.
2. Is it legally possible for a father to make one of his children the owner of his property?
3. Can my father auction our lineal property without my knowledge?
4. What are the situations when the father cannot handover the property to his daughter?
i. In case the property is acquired by the father himself
If the father is the sole owner of the property, i.e., it’s not passed on by his forefathers, it is called self-acquired property. In such cases, it’s completely his own decision to whom shall I give the share.
ii. In the case of lineal property
Before the amendment in the Hindu Succession Act, 1956, only the son had the right to claim over the property. However, after the alteration, daughters have equal rights in the property share.
iii. After the wedding of the daughter
Before the amendment was made, daughters weren’t a recognized part of the coparcener. Before the wedding, daughters were a part of HUF, whereas, after the wedding, it ceases to apply. However, after 2005, the daughter’s spousal status doesn’t hold good in the property share. She is equally eligible for the property share like other sons.
iv. If the birth and death of the daughter and the father happen to be before 2005, respectively.
The birth of the daughter before 2005 is not of much relevance here. However, unfortunately, if the father passes away before 2005 without making a testament to his wish, the daughter holds no virtue of claim in the property share.
In this article, we discussed in detail ancestral properties and the daughter’s rights. Now for every confusion regarding property share, you have got the answers. Right?