• Share of widow & daughter in ancestral property if a person is dead before 1956

The person was part of a hindu undivided family . The family owns some NA land in Ratanagiri district. The person died before 1956 & also before the partition of family & its property took place. The person had one wife & only one daughter. Wife died during 1960-70 & daughter ( married ) died before 2010. She is survived by 10 children. 
My question is are the hears of daughter entitled to get share in ancestral family property which was partitioned subsequently ?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Hi, As per latest Supreme Court Judgement legal heirs of the daughters are entitled to share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

No, that's because the daughter was not having coparcenary right in this property.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

1) On death of husband intestate before 1956 widow had limited right for maintenance

2) However after passage of Hindu succession act 1956 widow would be absolute owner and have equal share in property of her deceased husband

3) On her demise in 1970 her share would devolve on her only daughter

4) on daughter death her share would devolve on her 10 children

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Dear Client,

If partition was effected before 1956 and without Hindu Succession Act came into force and property will devolve acc. Indian Succession Act.

His share after the partition will devolve - one-third of his property shall belong to his widow, and the

remaining two-thirds shall go to his lineal descendants, Child, grand child etc.

And after His wife death, her absolute share will devolve in her daughter.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

No legal heirs of the daughter are entitled for share in the property of Thier mother or maternal grandparents being class II legal heirs. But in case where a the person who is not survived by the class I legal heirs then they may get share.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

All the legal heirs of the daughter are absolutely entitled to equal share of the property if the partition has taken place after 2005.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

She has a share in the property. As per the amendment in Hindu succession Act 2005 and the latest supreme court judgement the woman have share in the property even before the amendment in the said law

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

If her father and mother's name are there on 7/12 extract copy and on 8A, 8D as per Maharashtra Land Revenue Act, than the daughter is entitled, if the daughter name had not be registered on the property at that time then it's their fault. As per limitations act the time has been lapsed.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Hi, they may not get a share in those properties.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Once the property was subsequently partitioned, the. Property is no more ancestral.

That will become her own and absolute property hence her legal heirs are entitled to succeed to her estates.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Yes

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Hello,

Yes the children of the daughter can claim that share of the property that would have been received by the daughter.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

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