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Arshi   19 May 2021

Daughter's right on property

Respected Members,

I want to ask that as we know that now even daughters have rights over there father's property.

So, if my father has not included me in his will as the heir, can I still have the right over his property.

Whether the "Will" of my father will be considered of more value in the Court of Law or my right over the property as a daughter?



Learning

 10 Replies

Sankaranarayanan (Advocate)     20 May 2021

If your name  omitted in the Will then you can challenge the will.. What is the reason your name been omitted in his last WILL. ? you can solve the family issues by amicable manner 

Arshi   20 May 2021

My name is not omitted Sir, he just doesn't wish to give me his property.

Can I challenge that??

Sankaranarayanan (Advocate)     20 May 2021

yes you can 

Advocate Bhartesh goyal (advocate)     20 May 2021

On what ground you want to challenge your father's will? Your father was absolute owner of Property so he had every right to bequeath the property as per his wish so you have no right and share in property and can not challenge will.

G.L.N. Prasad (Retired employee.)     20 May 2021

Contact a local advocate for precise guidance,  as several basic facts as to the validity of the will, mode of acquisition of property, various dates of transactions and your knowledge on will etc are essential details to be gone into.

sneha jaiswal   20 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
If your father has ancestral property, he cannot will such ancestral property to anyone he wants to, or deprive you of your share in it. 
Whereas, if your father has self-acquired property, he can will such property to anyone he wants to, and the daughter cannot raise an objection against it.
By birth, the daughter has a share in the ancestral property, but not in the self-acquired property of his father.


The "Will" of your father will be considered of more value in the Court of Law in the case of self-acquired property and in the case of ancestral property your right over the property as a daughter will be of more value.
Hope it helps
Best Regards,
Sneha Jaiswal
 

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

The daughter or son do not get rights in their father's property during their lifetime.

If the father has bequeathed his own property in favor of his sons alone in a Will then the daughters who are left out of the list of beneficiaries cannot claim any share in that property as a right.

Daughters have equal rights in their father's properties when the father is reported to have died intestate  and during his lifetime. 

 

Please be aware of the prevailing law of the land that a testator can transfer his property by a testamentary disposition  i.e., by a Will only he has absolute rights and  clear and marketable title to the property he desires to bequeath in favor of the beneficiaries through that Will, otherwise the Will cannot be termed as a legally valid document.

Thus if he had absolute rights over the property he bequeathed in the property, then this Will cannot be challenged by you as a daughter just because you were left out of the Will without allotting ny property to you.

 

Dr J C Vashista (Advocate)     21 May 2021

You did not mention the status of property in hands of testator of will i.e., self-acquired or ancestral ? 

No presumption shall apply for forming proper opinion and oblige.

You can challenge the Will, if the testator has expired.

It would be better to consult and engage  a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     21 May 2021

Admittedly, the querist has no case that the property is ancestral. Being self-acquired, the father could have disposed/bequeathed  the property at His discretion. Children, daughters included, are only legal heirs to the property, if any, left intestate.

Dr J C Vashista (Advocate)     23 May 2021

Time pass topic for legal debate.


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