Can daughter's claim share in father's property if he is alive

231 votes

Before the 2005 amendment to the Hindu Succession Act, 1956, the rights of inheritance of sons and daughters were different. The sons had complete right over their father’s ancestral property, however, this right was enjoyed by the daughters only until they got married. After a daughter was married, she was supposed to become a part of her husband’s family, thus claiming property rights in her husband’s inheritance.

As per the description, your family would be a Hindu Undivided Family and the laws applicable to the same will be applicable to you. A Hindu Undivided Family (HUF) has been defined as a group comprising more than one person, all lineal descendant of a common ancestor, under the Hindu law. People of Hindu, Jain, Sikh or Buddhist faith can form a HUF as per the Hindu law.
 

Daughter’s Right in Father’s property

The dependability of women for finance over the years, be it on father, brother or husband, has been at the root of much hardship for women. This is why the amendment to the Hindu Succession Act in the year 2005 was made in order to bring the daughters at par with sons with regards to property inheritance rights.

Before this amendment, once a daughter was married, she ceased to be a part of her father’s HUF. However, the amendment stated that every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘Karta’ of the HUF, thus, granting daughters equal rights, duties and liabilities as were earlier limited to sons.
 

Right over ancestral and self-acquired property

Under Hindu law, the property is divided into the ancestral and self-acquired property. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have stayed undivided throughout this period. Whereas, a self-acquired property refers to a property which has been bought by the father with his own money.

In case of an inherited property, an equal share accrues by birth itself, be it a daughter or a son. Thus, the father cannot Will such property to anyone he wants to, or deprive a daughter of her share in it. However, in case of self-acquired property, the father has a right to gift the property or will it to anyone he wants, and the daughter or the son will not have a right to raise an objection.
 
Thus, in your case, if the property is a self-acquired property and has been gifted by your father to your brother by his own will without any coercion, undue influence, fraud or misrepresentation, a right cannot be claimed over the property.
 

LawRato LawRato

898 votes

You can definately ask for the part in the property but its your fathers wish whether he will give it to you or not as it is not ancestors property so you cant claim on it. If your father leaves the property without naming anybody then also you can claim for your portion.

Advocate Anurag Bhati LawRato

887 votes

जैसा कि आपने बताया कि प्रोपर्टी आपके पिता द्वारा खरीदी गई है और आपके माता - पिता अभी जीवित हैजीवतो अभी आपको हिस्सा मांगने का कोई हक नहीं....!
यह आपके पिता की इच्छा पर निर्भर करता है कि वह अपनी प्रोपर्टी किसको देना चाहते हैं.... वर्तमान स्थिति में आप सिर्फ पैतृक संपत्ति में अधिकार रखतीं हैं... पिता के द्वारा स्वअर्जित सम्पत्ति में नहीं ।

Advocate Sumit Agarwal LawRato

875 votes

Recently in 2005 Hindu succession act was amended and daughter were also given right as par to son ,but this is regard to ancestral property and inestate property .
As per your query property is purchased by your father so it's not a ancestral property ,so no claim regarding ancestral property regarding other your father is still alive so it's his wish to whom he want to give this property ,it's possible that you and your sister can get share in the condition he dies without any will .There are other possibilities also .For further query contact .

Advocate Rishi Kumar LawRato