//Son’s and Daughter’s Rights in Father’s Property

Son’s and Daughter’s Rights in Father’s Property

As stated in the 1956 Hindu Succession Act, sons have total control over the property of their father. Daughters, on the other hand, enjoy their part only before marriage. After marriage, they now belong to her husband’s family.

After the alteration of the 1956 Hindu Succession Act dated September 9, 2005, daughters share the same rights as sons in her father’s Hindu Undivided Family. She now enjoys these rights even after marriage. To top that, she can even become a manager of the property. Such rights are enjoyed by those whose father’s death falls after the effected date.

As heirs, children are coparceners in their father’s property. At birth, they gain equal rights to the possession and ownership of the ancestral property. Upon the death of a coparcener, the ancestral property is equally divided among the survivors. A partition suit is to be filed for a coparcener to claim one’s share.

Sons and daughters alike have the right to acquire property. They have the right to alienate the acquired property to another as well.  They also have the right to alienate his share of the ancestral property.

How are properties are acquired?

Ancestral property can be acquired in two ways. First, one inherits it from the death of his father. Second, one receives it as his share of the ancestral property.

When fathers gift a property to either a son or daughter, this property is not classified as an ancestral property. This property is considered as self-acquired.

Do children have rights on a self-acquired property?

The children have no legal right to its possession and ownership as it is not intended as part of the inheritance. Sons and daughters cannot claim it as its interest is dependent upon the will of the grantor. The ancestor gave the favor to the parent alone. This favor cannot be transferred to any other person. The recipient of the favor, however, has the right to alienate the bestowed property to whomever he wishes. Sons and daughters have only rights to properties that are passed on as inheritance, treated as ancestral property, and on properties gifted to them.