Rights a Daughter Holds in Father’s Property if There is No will

Usually the distribution of property amongst all the sons and daughters is stated very clearly in will to avoid any chaos, confusion or feud later but if the father dies without a will then what is the basis of property distribution after father’s death.

In this post we shall talk about distribution of property after death if there is no will in India in context of daughters.

• Amendment of 2005

There was a time when only sons were entitled to be the successors of their parents’ property. But after the amendment made in 2005, now daughters can also claim their rights in the property of their father, in case he has died without a will.

• Equal Rights in Property

The property transfer after father’s death then happens amongst all his children, irrespective of the gender, and his widow, if any. Now daughters possess an equal right at par with sons in their ancestral property.

• Equal Rights Whether Married or Unmarried

Whether the daughter is married or unmarried, the rights of the daughter in her father’s property will always exist.

• Rights of Children of Daughter

As per the amendment, the children of the daughter will also possess equal rights in the property of her father.

• Exception to this Amendment

There is only one exception to this amendment and that is if the father had died before this change was made in 2005 then in that case, this change cannot be enforced.