Property ownership matters can be quite complex, and the situation becomes even more intricate when the property is inherited. An individual asked Moneycontrol a question regarding his sisters' ownership rights over a property gifted to him by his father. Mukesh Sahni, a resident of Ghaziabad, stated that before passing away in 2024, his father had gifted him some ancestral property through a registered gift deed. He wants to know if his sisters can claim a share in this property.
**Provisions of the Hindu Succession Act, 1956**
Moneycontrol sought an answer to this question from renowned tax expert and Chartered Accountant (CA) Balwant Jain. He explained that under the provisions of the Hindu Succession Act, 1956, if a Hindu individual inherits property after June 17, 1956, it becomes that individual's exclusive property. The Hindu Succession Act, 1956, came into force on June 17, 1956.
**The Date of Acquiring the Property Matters**
He stated that the individual is free to do whatever they wish with such property. Property acquired in this manner by a Hindu individual does not automatically become the property of a Hindu Undivided Family (HUF). However, if ancestral property was inherited before this date (June 17, 1956), it becomes HUF property, in which other members also have a right.
**Sisters' Rights Over Property Inherited Before June 17, 1956**
Jain noted that since the specific date on which Mukesh Sahni received the property from his father was not mentioned, the answer to his query depends on that date. If he received the property as a gift from his father after June 17, 1956, then he alone holds the right to it. If the property was received from his father before this date, then he would not be the sole owner of the gifted property; his sisters would also have an equal right to it. Daughters Entitled to Property Share Following Hindu Succession Act Amendment
Following the amendment to the Hindu Succession Act, daughters have become coparceners in the Hindu Undivided Family (HUF). This means that, as HUF members, daughters are now entitled to a share in the property. This amendment came into effect on September 9, 2005. Consequently, Mukesh's sisters can claim their share in the HUF properties and file a lawsuit in court to seek that share.
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Disclaimer: This content has been sourced and edited from Money Control. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.
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