After the amendment in the Hindu Succession Act 2005, equal rights of both sons and daughters in ancestral property have been ensured.
If the father dies without making a will, then his acquired or ancestral property is divided equally among all legal heirs. In this case, both married and unmarried daughters are equal sharers with sons in the ancestral property. The father has no will power over the ancestral property and it is distributed equally among all the sons and daughters of the family.
However, the will is final in case of the father’s self-acquired property. If the father clearly writes in his will that his self-acquired property will be given only to his son, then the daughter will not be able to make any claim on that property. In this situation, the father can exclude anyone from his self-acquired property. To avoid any future dispute regarding division of property, it is important to prepare a will or gift deed during the lifetime of the parents, which helps in avoiding legal complications.
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