The Supreme Court, while announcing the big decision, has said that the daughters will have the right to paternal wealth even if the coparcener died before the Hindu Succession (Amendment) Act, 2005 came into force. Hindu women will get equal share of brother in their father's property. In the year 2005, this law was made that both son and daughter will have equal rights in their father's property. But it was not clear that if the father died before 2005, whether this law would apply to such a family or not. Today, a bench headed by Justice Arun Mishra ruled that this law will apply in every situation. Even if the father's death has happened before the law is made, before 2005, the daughter will get equal rights as the son.
In 2005, the Hindu Succession Act 1956 was changed. Under this, it has been said that daughters should be given equal share in ancestral wealth. Being a Class 1 legal heir, the daughter has as much right over the property as the son. It has nothing to do with marriage. Property of your inheritance can be claimed.
1. Property can be of two types under Hindu law. Purchased by a father. The second is ancestral property which men have been getting for the last four generations. According to the law, both daughter and son have equal right from birth on such property.
2. The law believes that the father cannot give such property to anyone from his heart. That is, in this case, he cannot bequeath the name of any one. This means that he cannot deprive the daughter of his inheritance. From birth, the daughter is entitled to the ancestral property.
3. What is the law on the property purchased by the father- If the father has bought the property himself, that is, the father has bought the plot or house with his money, then the daughter's side is weak. In this case, the father has the right to gift the property to anyone with his will. The daughter cannot object to it.
4. What will happen on the death of the father- If the father's death is left without a will then all the heirs will have equal rights over the property. In simple terms, under the Hindu Succession Law, male successors are divided into 4 classes.
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