Property disputes are common within families—between brothers, between fathers and children, and even among daughters, as they too have property rights. The Hindu Succession (Amendment) Act, 2005, has provided equal rights to daughters in their father’s property. However, this right is subject to specific conditions. (News18 Kannada)
Self-Acquired Property: If the father has purchased the property with his own earnings, he has full rights over it. Whether he sells the property, gifts it, or bequeaths it to someone in his will, the decision is entirely his. If it is not ancestral property, daughters have no automatic legal right. However, if the father has mentioned the daughter in his will, she will be entitled to the property. (News18 Kannada)
Partition Before 2005: If the ancestral property was legally divided and registered before 2005, daughters cannot claim rights over it. Courts have upheld such earlier partitions as valid. However, if the partition was unequal, it can be challenged in a court of law. (News18 Kannada)
Gifted Property: If the ancestor gifted the property to someone and the gift deed is legally valid, daughters will have no right to that property. The law does not revoke such legally executed gifts. (News18 Kannada)
Voluntary Renunciation: If the daughter signs an agreement voluntarily relinquishing her share of the property, for example, in exchange for money or other benefits, she forfeits her right. However, if the agreement was signed under duress or fraud, she can challenge it in court. (News18 Kannada)
Exclusion From Will: If the father has drafted a valid will and has explicitly excluded his daughter from inheriting the property, she will not be entitled to a share. The law gives precedence to the will. However, if the will was created under duress or fraud, she can contest it legally. (News18 Kannada)
Property Settled In Trust: If the property has been transferred to a trust or legally transferred to someone else, daughters will have no right to inherit it. Properties held in trust are protected under the law. (News18 Kannada)
The Hindu Succession Act, 2005, has given equal rights to daughters in property. However, these rights are occasionally restricted due to the above conditions. Before property disputes strain family relationships, it is advisable to seek legal counsel and obtain proper clarification. Supreme Court judgments also offer guidance in such matters. (News18 Kannada)
