Apni Law Staff asked 2 years ago
My friend’s father passed away 24 years ago, leaving behind two types of property: ancestral land and his own property. His wife and their four daughters are the legal heirs. His wife wants to transfer her late husband’s property to their youngest daughter. However, the third daughter sent a notice objecting to this. Do all four daughters have a claim to their father’s property, or can their mother transfer it solely to the youngest? Also, can she transfer the ancestral property to anyone she chooses, or must it be divided equally amongst the heirs? Any advice on this matter would be greatly appreciated.
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, all four daughters have an equal claim to their father’s property, including both ancestral and self-acquired. The mother cannot transfer the property solely to the youngest daughter without the consent of all daughters. Regarding ancestral property, it must be divided equally among all legal heirs, including the daughters, as per the Hindu Succession Act.
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