• Married daughters right over dead father's self acquired property

My mother got married in 1973. Her father died in 1987. He had self acquired property and he died in intestate. My mother has 3 brothers. They have given the property for development and shared/partitioned it equally, 1 flat each(1/3rd). Partition happened in 2000. Can my mother re-open the partition and claim her share. 
 Also in case my Mother dies, do I, as a son of deceased daughter have right over my maternal grand father's self acquired property. Please advise. My mother hasn't raised any objection in 2000 as she was not aware of the law and was under impression that daughters do not have right over property.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

mother has equal share in deceased father property

2) she can file suit to set aside partition and claim her one fourth share in property

3) seek an injunction restraining her brothers from selling the flats received on redevelopment

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) No ! time has been lapsed, don't go for any legal proceedings.

As per limitation Acts, time period for to make appeal is over.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes she may claim share in father property and you as son may claim too from your mother.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

daughter do have right over the self acquired property if the father passes away without a will.

Yes she can claim her share in the property; but the same will be time barred and a due explanation for the same has to be given to the court and keep in mind that ignorance of law is no excuse in the eyes of law.

After the death of your mother, you can not claim the share. As you do not have any right on the property of the maternal grand father.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, your mother can file a civil suit for declaration and permanent injuction in court , to claim her share in the property of her father ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

No the limitation is over so it can't be reopened

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Your mother is one among the legal heirs to her father and a successor in interest to succeed his properties who is reported to have died intestate.

If her father's property was divided among the sons alone, then it is an unjustified division.

Your mother is entitled to a share in her father's property as a right.

There is no time limit for seeking partition.

She can very well file a partition suit at this stage also seeking separate possession of her legitimate share in the property

Contact a local advocate and proceed as per his advice on further issues..

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Your mother had a share in the self-acquired property of her father.

She is free to institute a case now. She can claim money equivalent of her share in this property, from her brothers.

Since now you and your mother are aware of the law, you have to claim (your mother's share) now!

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

2. If father dies intestate then his property devolves in equal share to both his widow, son and daughter.

2. So your mother yo claim share in the property can file suit for partition.

3. Her brothers from their allotment in developed property are bound to give her 1/4th share.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

NO. 39 OF 2005 [ 5th September, 2005.]

An Act further to amend the Hindu Succession Act, 1956.

BE it enacted by Parliament in the Fifty- sixth Year of the Republic of India as follows:-

1. Short title and commencement.-

(1) This Act may be called the Hindu Succession (Amendment) Act, 2005 .

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 4.- In section 4 of the Hindu Succession Act, 1956 (30 of 1956 ) (hereinafter referred to as the principal Act), sub- section (2) shall be omitted.

3. Substitution of new section for section 6.- For section 6 of the principal Act, the following section shall be substituted, namely:-' 6. Devolution of interest in coparcenary property.- (1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005 , in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,-

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub- section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004 .

(2) Any property to which a female Hindu becomes entitled by virtue of sub- section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005 , his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre- deceased son or a pre- deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre- deceased son or of such pre- deceased daughter; and

(c) the share of the pre- deceased child of a pre- deceased son or of a pre- deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre- deceased child of the pre- deceased son or a pre- deceased daughter, as the case may be. Explanation.- For the purposes of this sub- section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005 , no court shall recognise any right to proceed against a son, grandson or great- grandson for the recovery of any debt due from his father, grandfather or great- grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great- grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005 , nothing contained in this sub- section shall affect-

(a) the right of any creditor to proceed against the son, grandson or great- grandson, as the case may be; or

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.- For the purposes of clause (a), the expression" son"," grandson" or" great- grandson" shall be deemed to refer to the son, grandson or great- grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005 .

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004 . Explanation.- For the purposes of this section" partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908 ) or partition effected by a decree of a court.'.

4. Omission of section 23.- Section 23 of the principal Act shall be omitted.

5. Omission of section 24.- Section 24 of the principal Act shall be omitted.

6. Amendment of section 30.- In section 30 of the principal Act, for the words" disposed of by him", the words" disposed of by him or by her" shall be substituted.

7. Amendment of Schedule.- In the Schedule to the principal Act, under the sub- heading" Class 1", after the words" widow of a pre- deceased son of a pre- deceased son", the words" son of a pre- deceased daughter of a pre- deceased daughter; daughter of a pre- deceased daughter of a pre- deceased daughter; daughter of a pre- deceased son of a pre- deceased daughter; daughter of a pre- deceased daughter of a pre- deceased son" shall be added.

In your case if partition and rights are divided and distributed before [deleted] then no women member will have rights and liabilities in the ancestral property. Else they will have equal share.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

As per S.10 of the Hindu Succession Act, your GF died intestate, your mother should have relinquished her rights over the property. As your mother has not relinquished her rights, she can claim a share from your GF's property.

Again, as per S.10 of the act, Rule 3 - The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Therefore, you are entitled to one share.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. If your mother was not a signatory to the partition deed then the remedy for her is to file a suit for declaration of the partition deed as illegal and cull out her share therein.

2. The limitation to challenge it is 12 years. Since your mother is past the limitation period to challenge the partition deed she can now challenge it only if she can plead and prove that she got the knowledge of the partition within 12 years immediately preceding the date on which she files the suit.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Since your maternal grandfather had self acquired property and died intestate, the share of the property should have devolved equally to your grand mother (if alive) , his daughter (your mother) and 3 sons(your mother's brothers).

2. Since the limitation law comes into being to reopen the partition of the property amongst brothers' only, which had happened in the year 2000 itself, let your mother approach her brothers and persuade her brothers to give her rightful share.

3. Any person who owns a self acquired property and dies intestate, his mother (if alive), wife and children are the rightful legal heirs who succeed to his estate. In the instant case, in case of your mother's intestate death, all her children will get equal right totalling to deceased mother's entire share and if you are the only child you will get your mother's entire share. However the most important thing to note in the instant case is lapse of time and to tide over the crisis it is advisable to discuss with your mother's brothers and request for an amicable settlement.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Hi

1) Since your grand father had self acquired properties and died intestate, your mother by virtue of being a class I heir of your Grand father as per Hindu succession Act, is entitled to equal share of the property.

2) Since there appears to be a partition in the year 2000 and hopefully your mother or her mother (grand mother) has not signed the partition deed.

3) Your mother can file a suit for partition and claim her share of property if

a) Your mother and grand mother has not signed the partition deed and/OR

b) If the partition deed has not been registered and/Or

c) Assuming your mother and her mother have signed the partition deed, they should not have been either coerced or pressurized or cheated to signing the partition deed in favour of the sons.

4) In case your mother does not file a case before the end of 2018,or during her life time, then you will not have any right to claim your mother's share. As per law, what the class I heir did not do during his/her life time, the other heirs cannot do after the life time of class I heir.

Hope this information is useful .

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th September, 2005.

So,as per law you mother has equal share in the property of her deceased father.

YES- She can file a suit for setting aside the earlier partition and can claim one fourth share in the property as per law after narrating the fact of her ignorance of law as the limitation period of filing a case is already over.

Further ,your mother can also file suit for Deceleration, Partition and injunction afresh for her share on the ground that the earlier share is not acceptable by her , which is not equally shared as per law.

You have no right to claim the share in the property of your maternal grand father after the demise of your mother.

.

Mohammed Shahzad
Advocate, Delhi
9897 Answers
121 Consultations

5.0 on 5.0

Respected sir...

Till the father is alive a daughter is only entitled to maintenance out of the property of the father and not any share in self-acquired property

After death of father:

if the father has left a will then the daughter will get the share father has bequeathed to the daughter

if the father has not left any will then as per law of intestate succession she will get equal share as of other class 1 heirs (e.g., son, wife,etc.)..

Apex court has held that the rights under the Hindu Succession (Amendment) Act, 2005 are applicable to living daughters of living coparceners (those persons sharing the inheritance of an undivided property equally with others) as on September 9, 2005, irrespective of when they were born.

Also, any partition of the ancestral property that took place before December 20, 2004 would remain unaffected by the 2005 amendment. After the Hindu Succession (Amendment) Act, 2015, the 2005 Act was repealed, but it does not affect the female’s right to be coparceners by ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

does your mother signed any documents?

if yes and that documents is NOC or relinquishment deed then soory, you or your mother can not claim anything from that property.

if no, then she has a share in the property as per Hindu Succession Act-1956.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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