• What will be share to children of died daugther in father self acquired propery

Father is died in 1986. Leaving 6 sons and 1 daughter. Daughter got married in 1984 and died in 1990. Father acquired property is yet not divided. Now the children's of daughter are asking for the property right. Please guide me, what share they can get, and according which law.
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

1. It's not clear in your narration, whether your father had executed a WILL or had died intestate (without executing a WILL).

2. Assuming that your father died intestate, then the property would devolve equally to your mother and 7 children. In other words 1/8th share to each one of them. In case your mother is also deceased, then the 7 children will get 1/7th share.

3. In case of deceased person (in the instant case your deceased sister), her share in the property would be subdivided equally amongst her children.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The children and their father (if living) of the deceased daughter shall be entitled to her share in the property left behind by the deceased daughter's father who is reported to have died intestate. 

If mother is not living then the the deceased father's property shall be divided into 7 equal parts and one such part shall be allotted to the class I legal heirs of the deceased daughter.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

This is not a HUF property.

This is yor father's self acquired property.

The property being your father's own and absolute property shall devolve equally on all his legal heirs upon his intestate death.

The daughter being one of the legal heirs of the deceased father, her legitimate entitlement of share in the property shall devolve on her own legal heirs.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

1. Because it's your father's self acquired property and he died intestate and mother is also dead, the share in the property would devolve equally to all children, i.e., 6 sons and 1 sister.

2. Even though your sister got married in 1984 and died in 1990, as also she didn't belong to HUF, still the date of her marriage or death does not debar her from claiming her legitimate claim through her children. Recent Hon'ble Supreme Court judgements have held that Amendment to the Hindu Succession Act in 2005 doesn't deprive the married woman of her share, irrespective of her date of marriage or death, whether it was prior to 2005 or not.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

On daughter demise her one seventh share would devolve on her husband and children as per provisions of Hindu succession act 1956 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

HiiE

Greetings of the

1.Earlier the daughter did not had right over the property of father once she was married.

2.aaccordingto the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. and the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005. However, on February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.

Equal right to be coparceners. Untill and unless the father had made or divided the property his property before his death

All the best

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

It is not ancestral property 

 

it eas self acquired property of deceased father and on his demise all children have equal share in property 

 

on daughter demise her share would devolve on her legal heirs 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

 The children of the deceased daughter will get shares of their mother's share of her decesaed father's property.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The married daughter of the decesaed father has equal right on her late father's properties.

 

2. So, after her demise all the legal heirs of the said daughter will equally inherit her share of her late father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

They will get whatever share was there of their mother if not given to her

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

See the children of daughter i.e legal heirs of daughter shall have right equal to there mothers share that would be 1/7 in total property if wife of your father is not alive. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in case of self acquired property it is not joint property in case there is HUF they have no right but in case property on name of father then they have right.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

However, the children are raising demands but they are not entitled as per the law in vouge. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

sons and daughters of my deseased sister claim property share of their maternal grandfather.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will. 

Here her children will have rights in the property as father is died first so on papers her name may listed as legal heirs so after her, her children name will be their as per hindu succession act.

 

Their children's share will be 1/7th share in the property.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1/7th share of mother. If it was HUF than no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

This is my response to you:

1. Is there an HUF agreement? Is the distribution of property mentioned?

2. The children of the deceased daughter have a share in the property;

3. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dauhhters have a share in the Father's  property if they are alive and the partition is effected. The daughter has died and hence now her children cannot be shareholders when the primary coparcenary has died.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear client 

As per Hindu succession act  a daughter have equal rights in the claim as a son have in the property of father if he dies intestate.

So the property will be divided into 7 equal parts and the children of daughter will be entitled to get 1/7th part of the property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present as well as in the subsequent query, makes it clear that the nature of property is still not yet cleared, but still I would lie to tell you the outcome of the situation in both the cases.
  2. Firstly, of the property was of ancestral in nature then if the property is not divided and children are claiming their right in the property after 2005 then they are entities for the share for her mother’s notional share.
  3. And if the property was divided before 2005 then they won’t be getting any claim for sure.
  4. Secondly, if the property was self acquired in nature then legal heirs of daughter will definitely get share out of her mother’s notional share.
  5. Rest, you are free to call me at any time for further detail discussion in this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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