My grandfather (mother's father) had 8 children (4 sons and 4 daughters) and he died in 1955 intestate. He had built a residential house in 1940s out of his own investment and it is still in his name. Only 2 sons and 1 daughter are alive today while others have passed away including my grandmother. My queries are as follows: 1) Do alive daughter and children of deceased daughters have a right on the property? If yes, what is the share? 2) Does the fact that my grandfather died in 1955 before the Hindu Succession Act 1956 has any bearing on ownership rights of the daughters (or their children)? 3) Does SC ruling on 2005 Amendment act has any impact on this case? 4) In case of eligibility of share of daughters, what is the process of registering the ownership?
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1) Supreme Court judgment is applicable only in respect of ancestral property
2) it is not applicable for self acquired property
3) daughters and sons have equal share in the property . The fact that grand father died before 1956 will not affect daughters share
4) file suit for partition for division of property by metes and bounds
Thanks. Can you please confirm if the children of deceased daughters may claim the share of their respective mother? Also please elaborate on filing division suit by metes and bounds.
Children of deceased daughter can claim share of their respective mothers
2) you have to file partition suit for division of property by metes and bounds
3) claim your one eight share in the property
You have stated that your grandfather is reported to have died intestate in the year 1955. Did your mother not claim any share in the property after his death?
However as per Hindu Succession act, 1956, which was enacted by an Act No. 30 of Year 1956, dated 17th. June, 1956, makes the daughter entitled to an equal share out of their father's property who is reported to have died intestate.
In the given situation, I am afraid that your mother may not be entitled to any share in her father's property since he is reported to have died in the year 1955 ewell before the said act was enacted by the government of India.
If the amendment in the year 1956 itself wont make your mother entitled to any share then there is no question of invoking the latest amendment that was made in the year 2005.
For further opinions and clarifications you may consult a local civil law practising advocate and decide next course of action.
Can you please confirm if the children of deceased daughters may claim the share of their respective mother? Also please elaborate on filing division suit by metes and bounds.
In the given situation, to my opinion, the deceased daughter may not be entitled to any share in the properties left behind by the deceased father.
If you are still interested in filing a partition suit you may contact a local lawyer who will guide you and file the suit on your behalf.
Thanks for your reply Mr. Kalaiselvan. We are getting conflicting views on our case. Can you please let me know if your view of inapplicability of HAS 1956 in our case (since our grandfather had died before the 1956 act) also supported through your knowledge of past cases on this issue? If yes, please help us with information. We got information on a case where the judgement was for the section 8 of HAS 1956 to be retrospective in nature. It is reproduced below: Patna High Court -------------------- Lateshwar Jha And Ors. vs Mt. Uma Ojhain And Ors. on 28 March, 1958 Equivalent citations: AIR 1958 Pat 502, 1958 (6) BLJR 645 Author: R K Prasad Bench: R K Prasad JUDGMENT Raj Kishore Prasad, J. In my judgment, therefore, Section 8 will apply to all cases where a male Hindu dies intestate leaving behind his property, irrespective of the time of has death, and, the words "dying intestate" used in Section 8are a mere description of the status of the deceased, and, have no reference and are not intended to have any reference to the time of the death of a Hindu male. The only essential requisite for the application of Section 8 is that the male Hindu should have died intestate, leaving behind his property, and, then in such a case of succession ab intestate, the property of his will be governed by Section 8 of the Act, It follows, therefore, that Section 8 is also retrospective, and, would apply to all cases of intestacy of a Hindu male, without having any reference to the time of the death of such a Hindu male, and the property of such a deceased male Hindu will devolve on his widow, if she is the only heir of his amongst the heirs mentioned in class 1 of the schedule of the Act. 31. For these reasons, the contention of Mr. Sen is well founded, and must prevail. 32. I, therefore, hold that whether Achki Jha, the husband of defendant No. 8, died before 1937, or after 1937 but before 1956 is quite immaterial, because, in either case, defendant No. 8 will have absolute title to the interest of her husband in the coparcenary property, and she will be the full owner thereof, it will be her absolute property, and, therefore, she is entitled to ask for partition of her 1/10th share in the properties under partition, which means 1/5th in the moiety share belonging to the defendants; who are the descendants of Bachan Jha, the second son of Babuji Jha. The Court below has rightly decided the suit and directed a partition of the share of defendant No. 8. The decision of the court below is, accordingly, affirmed.
on grand father demise intestate grand mother had limited right for maintenance
However after passage of Hindu succession act 1956 grand mother would be absolute owner and have equal share in property of her deceased husband
On her demise her share would devolve on her sons and daughters equally
You have given a clear judgment stating tht the amendment came into effect in the year 1956 is having retrospective effect.
I went through the judgment fully and I agree to your opinion.
Actually if there is no particular mention about the effective date of the amendment to not to have retrospective effect, then it is deemed that the amendment shall be retrospective.
Thus, the daughters shall have equal rights in their father's property if he was reported to have died intestate.
Thus based on this, the property devolves on your deceased mother too, hence you may file a partition suit seeking your mother's share in the property in the capacity of legal heir of your deceased mother.
You may consult a local advocate once again before proceeding.