All parents accumulate property for their children, often writing a will to clearly state how their assets should be divided after their death. When a will is in place, the property is distributed accordingly among the heirs, helping prevent disputes and legal battles within the family. However, some people pass away without leaving a will, raising questions about inheritance and property division among sons and daughters. (News18 Tamil)
It is important to understand that all heirs – including daughters, whether married or unmarried – have a legal share in their father’s self-acquired property. As per the Hindu Succession (Amendment) Act, 2005, daughters have the same rights as sons in their father’s property. This law is applicable regardless of the marital status of the father or daughter. (News18 Tamil)
In the absence of a will, children are considered Class 1 legal heirs under the Hindu Succession Act and are entitled to an equal share of their father’s self-acquired property. This equal entitlement applies to both sons and daughters. However, if the father has written a will and bequeathed his property to someone else, the children cannot claim a share in that self-acquired property. In the case of ancestral property, all legal heirs have equal rights, irrespective of a will. (News18 Tamil)
To avoid future property disputes, many people choose to write a will in their lifetime, clearly defining who gets what. This provides clarity and helps avoid complications or misunderstandings after their passing. A properly registered will can safeguard the rights of each heir and prevent long legal battles. (News18 Tamil)
In some cases, parents prefer to distribute their assets during their lifetime, gifting property, jewellery, or money to their children. This is especially common among mothers who wish to give their married daughters a fair share of wealth, including a house or land, as a gesture of support and love while they are still alive. (News18 Tamil)
For instance, if a man owns two self-acquired houses and has two children who are financially stable, he may wish to give one house to each. He can continue living in one and include both properties in a will to ensure they are passed on according to his wishes. This ensures the children inherit them after his lifetime without confusion or conflict. (News18 Tamil)
A commonly asked question is whether a child born to a divorced woman has any right to the ancestral property of the woman’s ex-husband. The answer is yes. According to the Hindu Succession Act, all direct heirs have a legal claim to ancestral property. Even if the ex-husband remarries and has more children, the child from the first marriage retains their legal right to the ancestral property. (News18 Tamil)
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