This act is also applicable to people who follow Buddhism, Sikhism and Jainism.
In the Hindu Succession Act, of 1956, both sons and daughters have equal rights to the father’s property.
Property disputes are very common in our country. Siblings often fight regarding their parents’ property and usually, this happens because of either the division being unfair or one of them not being included in the will. These disputes usually start after the parent passes away. However, if the parent chooses wisely and divides the property among their children properly, they can avoid their family being divided after their death.
People are mostly unaware of what exactly are their rights when it comes to the division of their property. They do not know the property division rules if a parent dies without forming a will. There is a lot of confusion about whether anyone other than the sons and daughters has a right to their parent’s property too. Here is a detailed description of how to divide the property if there is no will after a person dies:
In the Hindu Succession Act, of 1956, both sons and daughters are considered to have equal rights on the father’s property. The act mentions the rules and regulations for a dead person’s property.
Under the Hindu Succession Act, 1956, if the owner of the property i.e. the father or the head of the family dies without making a will, that property is devolved to Class-I heirs (son, daughter, widow, mother, son of the preceding son etc.) In case of non-availability of the heirs mentioned in Class 1, there is a provision to give the property to the heirs of Class 2 (son’s daughter’s son, son’s daughter’s daughter, brother, sister). This act is also applicable to people who follow Buddhism, Sikhism and Jainism.
A father who is planning to divide property should remember that he cannot divide the ancestral unequally and do whatever he wants. He needs to legally divide it equally between his sons and daughters. Earlier, daughters were not included in the act. But it was then amended in 2005 and daughters were given equal rights as sons in acquiring ancestral property.
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