Property disputes are common in our country. Siblings often quarrel over their parents’ property and it usually happens because the division is unfair or because one of them is not included in the will. These disputes usually begin after the parent dies. However, if the parent makes a wise choice and divides the wealth well among their children, they can avoid dividing their family after their death.
People usually do not know exactly what their rights are when it comes to the distribution of their wealth. They do not know the rules of the distribution of wealth if a parent dies without making a will. There is much confusion as to whether anyone other than the sons and daughters is also entitled to their parents’ property. Here is a detailed description of how to divide the property if there is no will after a person dies:
In the Hindu Succession Act, 1956, both sons and daughters are considered to have equal rights in the property of the father. The law states the rules and regulations for the property of a deceased person.
According to the Hindu Succession Act, 1956, if the owner of the property i.e. the father or head of the family dies without making a will, that property passes to class I heirs (son, daughter, widow, mother, son of the previous son etc.) In case of unavailability of the heirs listed in Class 1, there is provision to donate the goods to the heirs of Class 2 (son daughter son, daughter son daughter, brother, sister) . This law also applies to people who adhere to Buddhism, Sikhism and Jainism.
A father who intends to divide property should remember that he cannot divide the ancestor unequally and do as he pleases. He must legally divide it equally between his sons and daughters. Previously, daughters were not involved in the law. But it was subsequently changed in 2005 and daughters were given equal rights as sons in acquiring ancestral property.
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