Unregistered Will Valid: Siblings Can Claim Property Share Under Hindu Succession Act
Business
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Moneycontrol•27-01-2026, 22:02
Unregistered Will Valid: Siblings Can Claim Property Share Under Hindu Succession Act
- •An unregistered will is legally valid and enforceable under the Indian Succession Act, unless contested on other grounds.
- •Properties acquired by a father from his own earnings are considered his personal assets, not Hindu Undivided Family (HUF) assets.
- •The Hindu Succession (Amendment) Act, 2005, grants daughters equal rights by birth to ancestral property, similar to sons.
- •Sisters can claim their share in assets bequeathed by the father's will; if no will, all legal heirs (siblings, mother, paternal grandmother) get equal share.
- •If only some assets are willed, the remaining unwilled assets are distributed equally among legal heirs as per the Hindu Succession Act, 1956.
Why It Matters: An unregistered will is valid in India, and daughters have equal property rights under the Hindu Succession Act.
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