On A demise intestate his self acquired property would devolve on his 2 daughters equally
Right of Married Daughter
A had self acquired property and died interstate on 1979, At the time of his death his wife has dead, son was dead as a bachelor, and had two married daughters. We follow Aliayasanthana and my father is A only sisters son. On june 1980 my father was found to be the only surviving heir(Alia) as per the family made. On 6th June 1980 as only surviving heir the property was transferred to my father and changes made in RTC after informing family members. Since this transaction happened before amendment of HUF act and also since A died before 9th Sept 2005 are married daughters of A have rights on his self acquired property. Vinod Rai
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
If the transaction has duly convened before the amendment then now the married daughters can't undo the the same and seek share. If the same would have been pending they would have has their share
1. Since 'A' died intestate (without executing a WILL), then, in the instant case, the 2 married daughters are entitled to equal share in the self acquired property, i.e., 50% each.
2. Even though the intestate death occurred in 1979, being the legal heirs of 'A', the married daughters are entitled to equal share even though their father died in 1979 itself.
3. The amendment to the Hindu Succession Act 1956 was made in 2005 in respect of Ancestral property. This particular property you are referring to is self acquired property and this amendment to HMA in 2005 does not apply to the self acquired property, which you are referring to. Hence the two married daughters are entitled to equal share in their deceased father's self acquired property, irrespective of his date of death.
4. The date of death of their father before [deleted] does not apply in the instant case, as it's their father's self acquired property and not ancestral property.
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Only daughters whether married or not are only heirs and sole owners of property after A's demise.
1. Since only Two daughter are the remaining legal heirs of deceased parents, who died intestate, the daughter derive inherent succession rights to their Father's property, more so in the absence of other available legal heirs.
2. IF the residual legal heirs (two daughters as class-I legal heirs) do not stake claim /rights over the deceased's immovable property, THEN said property shall vest with the State Govt., under the provisions of the Hindu Succession Act.
Married daughter has rights to property only if the partition was not effected till 2005. If partition was done After 2005 then the daughters have a share.
1. The order passed on 9.9.2005 is with retrospective effect.
2. So, the married daughters will have claim on the said property.
Dear Sir,
Let them file a suit you can take strong defense. They cannot take property without going to the Court. Possession is nine points in law. Just protect your possession and continue to be in possession.
If married daughters are entitled share in father's property as per SC judgment.
- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
- But this law not applied with the daughter , whose father died before 2005, and hence a daughter having no right to claim over the ancestral property .
- Since A was having self acquired property , and died interstate,hence the two daughters are having equal share over the said property.
- New law, applied over the ancestral property and not self acquired property.
See as per the Hindu.Succession Act it was self acquired property and the daughters are legal heirs and they shall have right over the property.
1. 2005 amendment does not in the first place apply to self acquired/separate property of a Hindu male.
2. Since your father died intestate his self acquired/separate property devolved through intestate succession on his both daughters equally.
This is not ancestral property or property belonging to HUF.
Therefore the daughters of the deceased property owner are also entitled to an equal share at par with the sons in the property left behind by the deceased who is reported to have died intestate as per HSA 1956.
If there is no will regarding the deceased’s property, it would devolve according to the laws of intestate succession. This means that the self-acquired property will be distributed with first preference to Class I heirs.
Dear Sir,
As per the Hindu Succession act, 1956 the daughter will get equal share like son on her father's self acquired property. As if, as per the Hindu Succession (Amendment) Act 2005, the daughter has equal right like son on her ancestral property, if the ancestral property has not partition or alienated till 20th December 2004.
1. Yes married daughters of A definitely have legal right for share from self acquired property of father if he dies intestate as per provisions of Hindu succession act 1956.
2. Amendment of 2005 is applicable for properties of HUF and not on property owned by individual member of Hindu family.
