• Whether the daughters have right in father's property, if father is died intestate on 12.01.1991

My grandfather died intestate on 12.01.1991.  He has two wives.  Wife1 has a son and Wife2 has a son and 2 daughters (married during the life time of their father).  In this situation, how the property (i mean self acquired land) of my grandfather devolve upon as on day as per the law.
Asked 2 years ago in Property Law from Beed, Maharashtra
Religion: Hindu

1) On demise of grandfather his property would devolve on his first wife , son from first wife , son , 2 daughters from second wife

2) second wife would have no share in property of her deceased husband

Ajay Sethi
Advocate, Mumbai
73115 Answers
4389 Consultations

5.0 on 5.0

The self acquired properties of your GF, upon his intestate death, would pass on to his legal heirs in accordance with sec 8 of the Hindu Succession Act:-

a. Thus all his self acquired properties after his death would devolve upon his class-I legal heirs.

b. The above would include his mother, both the wives and the male and female children from the said 2 wives.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

The property shall be distributed among the sons daughters won't have any right in property.

Because the amendment of hindu succession act is applicable retrospectivly after 2005 and before 2005 daughter married do not have any right in fathers property.

Shubham Jhajharia
Advocate, Ahmedabad
23519 Answers
94 Consultations

5.0 on 5.0

1. On the intestate death of your grand father, his self acquired property shall devolve equally to his 1st wife and her son, all the children of 2nd wife.

2. Each legal heir is entitled to 1/5th share. In other words 1st wife will get 20%, Son begeted from 1st wife 20%, Son begeted from 2nd wife 20%, each Daughter begeted from 2nd wife 20%.

3. In the instant case the date of death of the father is immaterial as this property is the self acquired property and not an ancestral property.

Shashidhar S. Sastry
Advocate, Bangalore
2441 Answers
159 Consultations

5.0 on 5.0

If the second marriage of your grandfather was valid marriage then on his death his self acquired property will be divided equally among all his legal heirs which include his one widow, 2sons and 2 daughters.

If the second marriage was not valid then only the 4 children will be eligible to inherit his proeprty.

Devajyoti Barman
Advocate, Kolkata
18871 Answers
270 Consultations

5.0 on 5.0

The 2005 amendment is applicable only if the daughter and father both were alive at the time of amendment in 2005.

So in your case there is no right of daughter on any property the amendment act is prospectively applied not retrospectivly.

Shubham Jhajharia
Advocate, Ahmedabad
23519 Answers
94 Consultations

5.0 on 5.0

1) both wives will be entitled foe the equal share as per the Hindu Succession Act.

2) both daughters will have share in the father's property share.

Ganesh Kadam
Advocate, Pune
9339 Answers
77 Consultations

4.9 on 5.0

1. The Amendment to Hindu Succession Act 1956 and it's amendment in 2005 is in respect of ancestral property and not in respect of self acquired property.

2. As per the narration, in the instant case, it is the self acquired property and the amendment to Hindu Succession Act does not apply in respect of self acquired property and applies only to ancestral property.

Shashidhar S. Sastry
Advocate, Bangalore
2441 Answers
159 Consultations

5.0 on 5.0

Kindly refer below order of Supreme Court it shall clear your query.

Shubham Jhajharia
Advocate, Ahmedabad
23519 Answers
94 Consultations

5.0 on 5.0

Married daughter's too are also entitled to a share in the father's self acquired property.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

1) daughters have equal share in self acquired property of deceased father

2) the provisions of Hindu succession amendment act 2005 is applicable in respect of ancestral property

Ajay Sethi
Advocate, Mumbai
73115 Answers
4389 Consultations

5.0 on 5.0

Married daughters have right of share in the self acquired of father irrespective of date of marriage.

They did not have right of share in the ancestral property of their father prior to 2005.

Devajyoti Barman
Advocate, Kolkata
18871 Answers
270 Consultations

5.0 on 5.0

I have come across many cases like this. Please understand that married daughters would have property right in their fathers' self acquired property whose father is died intestate on 12.01.1991 considering the legal provisions of Hindu Succession Act, 1956 and its amendment in 2005.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
227 Answers
3 Consultations

4.0 on 5.0

1. Your grandfather's said properties will be inherited equally by all his children, including daughters, and wives.

2. After the demise of his both the wives, intestate, their shares of your grandfather's properties will be equally inherited by their individual children.

3. Now the grandchildren of your grandfather will inherit the said properties from the shares of their father or mother, as the case may be.

Krishna Kishore Ganguly
Advocate, Kolkata
23726 Answers
651 Consultations

5.0 on 5.0

1. Hindu Succession Act, 1956 and its amendment in 2005 talks about ancestral properties and not about parental properties.

2. All the children of your grandfather will equally inherit his properties along with his two wives despite the fact the he had died in the year 1991, intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
23726 Answers
651 Consultations

5.0 on 5.0

The property would devolve upon the 1st wife, her son, and 2nd wife's son. The 2005 amendment is not retrospective, and therefore, the daughters will not be entitled to inheret the property.

Divya Srivastava
Advocate, Mumbai
19 Answers
1 Consultation

5.0 on 5.0

The married daughter may not have right in that property.

Ganesh Singh
Advocate, Delhi
3580 Answers
9 Consultations

4.5 on 5.0

Yes the married daughters will have right in the properties of their father even if he died in 1991

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.0 on 5.0

1. Is your father alive? If he is alive then the property of your grandfather devolved on his legal heirs i.e his widow and children from both marriages. It is not clear from your query if your grandmother remarried after the demise of his first wife or during the subsistence of his first marriage.

2. The property of your grandfather devolved on all his heirs. The share which your father got in the property of your grandfather became his separate property wherein you have no right during the lifetime of your father.

3. Your father is at liberty to sell, gift, mortgage or bequeath during his lifetime the share that he got in the property of his father.

4. Hindu Succession (Amendment) Act, 2005 relates to only ancestral property. The property of your grandfather is not ancestral in your hands, so 2005 amendment is immaterial to your case.

Ashish Davessar
Advocate, Jaipur
27730 Answers
821 Consultations

5.0 on 5.0

Yes they will have the right on the property.

the amendment just extends to the ancestral property and not to the self acquired property.

Even before the amendment the daughters were having equal right on the self acquired property.

Regards

Anilesh Tewari
Advocate, New Delhi
17471 Answers
283 Consultations

5.0 on 5.0

Note that the second wife as per the law will not have any share in the property, but the daughter born out of the said wedlock will have a share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17471 Answers
283 Consultations

5.0 on 5.0

The property left behind by your grandfather, upon his intestate death, shall devolve equally on his wife, children (which includes the children born to different wives).

The daughters of your grandfather are entitled to an equal share at par with their brothers.

T Kalaiselvan
Advocate, Vellore
63076 Answers
816 Consultations

5.0 on 5.0

However, I would like to know whether married daughters would have property right in their fathers' self acquired property whose father is died intestate on 12.01.1991 considering the legal provisions of Hindu Succession Act, 1956 and its amendment in 2005.

You have been misinformed about the latest amendment to Hindu Succession Act.

The amendment made in the year 2005 was for the rights of daughters in the ancestral properties alone.

That is called coparcenary rights, whereas this situation is general rights as per HSA, 1956, the daughters are entitled to an equal share at par with the sons of the deceased male

T Kalaiselvan
Advocate, Vellore
63076 Answers
816 Consultations

5.0 on 5.0

Dear Sir,

Really, as per above amended Hindu Session Act the married daughters have right over ancestral property if the father was alive in the year 2005. Whereas self acquired property, if the father dies interstate then it will be devolved as per following formula.

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
5041 Answers
160 Consultations

5.0 on 5.0

Yes you have share in ancestral property the property will be divided in all legal heirs including women.

Prashant Nayak
Advocate, Mumbai
17530 Answers
30 Consultations

4.6 on 5.0

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