Response

If this is your father’s self-acquired property, then it will be his choice how he wants to dispose of his property.

The daughter acnnot challenge the will as it will be his personal choice who he wants to give the property.

If the property acquired is an ancestral property, then the father cannot give the property only to his sons. He will have to give the property to his daughter as well, and she can file a case if she wants a share in the property as she has a right in the ancestral property.

In Hindu law, property is separated into two categories: ancestral and self-acquired. An ancestral property is one that has been passed down through the male lineage for up to four generations and has remained undivided throughout that time. The self-acquired property, on the other hand, is one that the father purchased with his own money.

When inheriting ancestral property, an equal portion accrues from the moment of birth, whether the child is a girl or a son. If the property is the father’s self-acquired property, however, the father has complete freedom to dispose of it in whatever way he sees suitable. When it comes to self-acquired property, a parent might choose not to bequeath it to his sons or daughters, instead gifting or willing it to whomever.
If a parent dies intestate (without leaving a will), his estate is split equally among his lawful heirs. This indicates that the father’s ancestral and self-acquired property will be shared equally between the mother and the children.

As previously stated, only boys had a portion in the ancestral property before to the Hindu Succession (Change) Act, 2005; however, with the amendment, girls now have an equal share in the ancestral property as a son.

In the case of self-acquired property, however, the father has the right to gift or Will the property to anybody he sees appropriate, and the daughter has no right to protest.

Thus, if the property is a father’s self-acquired property that he has donated or willed to someone by his own will, without coercion, undue influence, fraud, or misrepresentation, a right to the property cannot be asserted.

Following a 2005 modification to the Hindu Succession Act, a daughter’s marital status has no bearing on her entitlement to inherit her father’s ancestral property. According to the amendment, a daughter is recognised as a coparcener in the ancestral property, which means she has a right by birth to the ancestral property. As a result, even after marriage, a daughter will have an equal stake in the ancestral property as a son.

Reference: Hindu Succession (Amendment) Act, 2005
The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005. – – AHG241 – 202100581 – 128 – 98 – 202100264-20210042-19322

LAWAYZ-2023-970