Response

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ . Self acquired property is different than Ancestral property and the laws governing the same are also different.

Self acquired property belongs to our own self. The Supreme Court of India rules that daughters have equal rights in their father’s property. According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). If the father of the daughter in question has prepared a will, then the property will go according to the will of the deceased person. If the person died intestate, then the daughter can claim the property equally with the other co parcenars. The born year of the daughter will not be taken into consideration.

Since the father died i the year 1996, the daughter will be entitled to the property of her father. The Tamil Nadu ammendment talks about the equal rights of a daughter in ancestral property along with the self acquired property.

Reference: Hindu Succession Act, 1956

2021001192021004214885

LAWAYZ-2023-575