Will daughters have equal rights if father willed the property to sons??

As a matter of fact I always ask the person asking question here in Yahoo to specify the fact if the case relates to a Hindus or any other religion persons but since I know you Captain this question relates to Hindus & their property. The Father had willed his bungalow worth 4 crores to his two sons & Rs15lacs cash investment each to his two daughters. Lets first see what the Hindu Succession Act, 1956 provides for such Testamentary succession section 30 of this Act provides: Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.

Explanation.--The interest of a male Hindu in a Mitakshara coparcenery property or the interest of a member of a tarvad, tavazhi, illom, kutumba or kavaru in the property of the tarvad, tavazhi, illom, kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.

The important phrase in this section is " capable of being so disposed of by him or by her" a person is capable of disposing any property of which he or she is the legal owner or in other words it is his or her self acquired property. A self acquired property is that property which a person made during his life time by his own earning or it the share of property which incurred to him or her by way of partition of ancestral property & hence it became his or her self acquired property. Here let me note that if such person holds any share of the partitioned ancestral property should be his own share not having shares of his or her minor children included in it. As I had in my Yahoo questions replied once regarding the status of ancestral property, let me once again refresh that here again, ancestral property is one which should be at least owned by the great grand father originally & had passed down to grand father, father & son, in other words it should be having four generations using it as joint property. This joint ancestral property owners are called coparcener & it is also called coparcenery property now what you are realy confused about the equal rights of daughters in their parents property is actually the equal right of daughters in this coparcenery property of Hindu families. When this Act of 1956 enacted these daughters/female members of the family were only having limited right in any of such coparcenery property. The various south Indian States Kerala in 1975, Andhra Pradesh in 1986, Tamil Nadu in 1990 & Karnataka in 1994 had brought about necessary changes in the law giving equal rights to daughters in the Hindu Mitakshara Coparcenery property & in order to remove the discrimination as contained in the Act of 1956 & give equal rights to daughters in the Hindu Mitakshara Coparcenery property as the sons The Hindu Succession (Amendment) Act, 2005 was enacted. Now through out India the daughters in a joint Hindu family governed by the Mitakshara law shall: - (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenery property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenery property as that of a son.

So the equality of daughters or equal right in the property of daughters has become law of the country for ONLY HINDU FAMILY COPARCENERY PROPERTY & NOT IN THE SELF ACQUIRED PROPERTY OF THE PARENTS. Rather why talk of daughters even sons don't have any legal right on any property of their parents till the parents are alive & are having legal ownership & possession of any property, yes after their death the children both sons & daughters can share equally amongst themselves their parent's property if no will or any other testamentary document is not made by the deceased parent otherwise all will go as the Will or any other testamentary document of the Old Man or his wife speaks, any child want to challenge it can do so on any of the grounds as force or fraud committed on the testator for getting such will executed, the mental status of the testator was not fit to execute any such will & the testator of the will was not the legal owner of the property for which such will was executed by him or her. Hope this legal brief will be sufficient for your present query.

As per hindu lawproperty inherited from parents will be equally distributed among children irrespective of gender. you will have equal right in your fathers property along with your brother. His will is not valid. Yes you can claim it through civil court. Get a good civil lawyer. All the best. Any Inherited property will be equally distributed among spouse,children,GRAND CHILDREN , daughter in law(WIDOW) ,ETC in the given order.

Not if it is the self-acquired property of the parent. The parent is at liberty to give his property to any body, not necessarily the heirs or blood relations. The very fact that he had written a will shows that it was a self-acquired property. If you want to contest the will, you should be in a position to prove that the property was an ancestral property and that therefore you have a share in the property, for which reason the will has to be treated as null and void.

The daughters can file claim only if the father was mentally unsound when writing the will. Otherwise, the will is considered, prima facie, to be his true wish and shall be thus enacted.

my self mrs kala married before 1985 whether i will get equal right on my fathers property

hi , my father self acuired some properties and registered in my brother"s name. no my father was expired. shall i ask any share inthat property.

sudha

No.

Right only if NO will.

Obey / honour the will.

the will stands look what happen to anna nicole

Sorry, MY BAD