Asked March 23, 2017

Share of Daughter in the property

  • 2 Answers

We are 3brothers & 1sister. My father make a will in 2005 under 'Barasat District Court' and distribute all the property between 3brothers. Now my father and sister died and now my sister's son claim a share of the property. Does the claim is right and actual against my fathers will ?

Answers 2

For Hindus, a woman has an eqaul share in her father's property as her brothers. Unfortunately, this was not always the case, as the Hindu Succession Act, 1956 did not consider daughter's as heirs but this position changed in 2005. Therefore for any succesion after September 9, 2005, a daughter will have the same right as the sons. 

In your case, your father divided the property by a will which means that the above mentioned Hindu Succession Act will not apply. Under Hindu Law, a person has two types of property ancestral property and self-acquired property. An individual cannot give away the entire ancestral property if it is a part of a Hindu Undivided Family. No will can be created for such a share. Considering that your father made a will, it is possible that the said property in question is his self - acquired property. For a self-acquired property, the owner has the complete right to give it away through a will to anyone. Therefore, the said property will be distributed as per your father's will. It is advised that you must confirm that the said property was his self-acquired property. 

In case your father had not made the will, then after his death the property would have been subject to Intestate Sucession and the Hindu Succession Act, 1956 would have applied. If your father died without making a will after September 9, 2005 then your sister and hence her son would have some claim. There is a possibility that her son may now try to prove that the will was invalid or illegal to cancel the right of the three brothers created by the will. If he succeds in establishing that the will is invlaid and your father died after September 9, 2005, then he can make a succesful claim under the Hindu Succession Act. 


Research by - Saumya Kumar 

Agree Comment 1 Agree over 4 years ago

You can deny it completely as your father made a will which allows him to give away the property the way he wants where he can exclude anyone. Your newphew will therefore challenge the validity of this will

Agree Comment 0 Agrees over 4 years ago

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