• Does a person get absolute rights on a property acquired through Hindu succession act?

A father/mother x has 3 kids , x acquires a property on demise of their father without any will through the succession act. Now what are the rights of 3 kids of x on the acquired property?
Asked 5 years ago in Property Law
Religion: Other

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19 Answers

This is my response to you:

1. The kids of equal rights on the property;

2. You must obtain a succession certificate;

3. Also, the property should be divided as 1/4th each;

4. Nobody gets absolute rights without a Will or a any other documentary transfer of proeprty.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

They have sole right over there share if they recieve share in property on intestate succession

The right is absolute and any legal heir can sale gift relinquish transfer his share to anyone further ca demand partion from other legal heirs.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The property acquired by a legal heir on inheritance would be treated as its ancestral property.

2. in that event all his legal heirs would acquire right of share in the property by birth.

3. So here all the 3 children of X have got equal share in the property along with X.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If there is no will the children will have equal rights in Property. The mother will be class 1 heir but the property will not be sold without NOC of children

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Property inherited by X on demise of his parents would be his self acquired property

2) 3 kids of X have no share in property during x lifetime

3) on X demise intestate they would inherit his property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes, they can file a suit for declaration that the deed made by x is null and void and without any force in the eye of law.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Consent of children was not necessary for sale of property by X

Sale cannot be set aside as it is not ancestral property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

See the nature of the property is self acquired then the kids of x has no right and cannot ask making sale void.

Only in case of coparcenary joint hindu family property mullo fiction of sale is permission from kids was not taken can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Kids has right by birth and can challenge the sale deed subject to limitation of time.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

The children of x has the right on the property which has been passed to his father through succession of property and any sale or transfer of the property of ancestral nature should accompany the NOC from the successors.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

This is my further response to you:

1. X's kinds can file a claim on the property;

2. They will have to file for suit for declaration of right, title and interest on the property;

3. Although they can only claim their share;

4. X's share will belong to Y;

5. Therefore the X's kids can compensate Y and buy back Y's share.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

My advice as per your brief:

All three kids have equal share in the property and one share is of mother according to the Hindu Suceesion act amendment.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

My advice as per your follow up:

1. As it’s an ancestral property, your father cannot sell it without taking NOC of his legal heirs.

2. You can file a suit for cancelation of sale deed and declaration. As the sale deed becomes void in the eyes of law.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

The property inherited by X in the present case is absolute property of X.

X was free to sell this during his lifetime to y.

Kids of X can't challenge the sale to y.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. x is a class i legal heir

2. upon demise of his parents, x gets a legal share in the property of deceased parents alongwith other legal heirs specified in class I.

3. Class I does not include grandchildren

4. so assuming, x is the only class I legal heir, he becomes the absolute owner of the property of his deceased parents which has devolved on him by intestate succession

5. x can deal with this property in any manner he deems fit

6. permission of children is not needed

7. sale in favour of y by X is valid and cannot be challenged by x' kids

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

the property was of a single parent inherited after the death of the other parent if I understand correctly. all the children will have a share and the living parent too. they can go for the cancellation if the sale deed.how much time has elapsed since they got to know of the illegal sale??

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

The property acquired by the mother shall be her own and absolute proeprty.

Her children do not have any rights in the proeprty so acquired at least not during her lifetime.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

X sold this property to a y without knowledge of kids , now x passed away , what are the grounds on which kids of x can request the nullification of this sale to y or they cannot make such request?

Since x inherited the property from her parents, she became the absolute owner of the property hence she need not obtain consent or permission from her children to sell her own proeprty.

Therefore the children do not have any rights in the property to claim any share at this stage.

Any legal action taken by the children in this regard shall be a waste exercise and they will be waging a losing legal battle.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

I come across such cases on a daily basis and find litigants and advocates alike labouring under a number of misapprehensions vis-a-vis concepts such as ancestral property, HUF creation, etc.

Over the past few decades, in judgement after judgement the Supreme Court has made it amply clear that things have undergone a tectonic shift on the ancestral-property front after the enactment of the Hindu Succession Act, 1956 and that ancestral property that devolves on people post-‘56 through rules of intestate sucession contained in Section 8 thereof ceases to be ancestral property—i.e., it becomes self-acquired property upon being inherited.

Post ‘56, any inheritor—who, to recapitulate, comes into property not as the Karta of his/her own HUF but as an individual—is free to deal with it as he or she pleases.

To answer your question, yes if a property is inherited under the Act the inheritor(s) get(s) given absolute rights over it.

The authorities on this are far too many to list here but you would do well to look up Commissioner of Wealth-tax, Kanpur vs. Chander Sen AIR 1986 SC 1753. The latest judgement on this score of any import is Uttam vs Saubhag Singh (2016) 4 SCC 68, and so you would do well to look it up as well.

Have a nice day!

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

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