On father demise intestate 3 sons and one daughter have equal share in father property
Father died in 2003 without making any will, we are 3(three) sons and 1(One) daughter), one of our brothers physically challenged/mentally retarded, Now we like to know what is daughters right as co-sharer in our father's own property
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Father died in 2003 without making any will, we are 3(three) sons and 1(One) daughter), one of our brothers physically challenged/mentally retarded, Now we like to know what is... after amendmend of HSA2005
You have not mentioned whether it is ancestral property or self acquired property of deceased father
2) if it is self acquired property then daughter has equal share in property
3) if it is ancestral property and father died in 2003 then daughter has no share in ancestral property
Father died in 2003 On father demise intestate 3 sons and one daughter have equal share in father property ? is it accepted legally after amendment of HSA2005
After passage of hindu succession act 1956 daughters have equal share in self acquired property of deceased father as father died without a will . However they had no share in ancestral property
2) amendment act of 2005 gave daughter equal share in ancestral property
1. The property of a Hindu male who dies intestate devolves on his Class 1 heirs who are his mother, widow and children.
2. The share of daughters is at par with that of sons in the property of their father if he dies intestate.
3. The 2005 amendment to HSA applies to only ancestral property, not self acquired or separate property of father.
Any of the Class 1 heirs is at liberty to file a suit for partition in the competent civil court to cull out his/her share in the property.
Before or post 2005 the daughter had or has equal rights of inheritance in the self acquired property of father.
However since your father has died in 2003, your sister does not have any share in the ancestral property left by your father.
Yes, daughter has equal rights like sons in the father's property. As per the latest Supreme Court Decision.
All the legal hair including the daughter have equal right in the property of the father and if daughter is not interested in the property then she has to make a relinquishment deed in favour of the brothers to get the property transferred in their names as one of your brother is mentally retired that does not mean that he will have no share in the property he will have equal share as others have
1. Daughter has equally right in the father's property. She can file partition suit for her share in the property.
1. See the daughter vide Hindu succession amendment got rights in ancestral property as coparcener though by virtue of 1956 act they already had right in the self acquired property of father.
- The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act..
- As per this Act, the property of an intestate shall be divided among the heirs in class I of the Schedule.
- Hence, after the death of your father, his property will be distributed amongst his sons & daughter, and mother if she alive .
- 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.
- Since, till date the division of property not executed even after getting the judgment, hence after the amendment in 2005, that judgment cannot be executed, and now new law will be applied.
- If, you all are having a common consent , then a Deed of Settlement can be executed for the distribution and transfer the shares in the property .
- A Settlement Deed is not mandatory to be registered, but for avoid any future challenges by either of the legal heirs , Registration of the said settlement deed is a good option , because it is accepted in a court as well.
Good luck and dont forget to rating Positively.
The property left behind by your deceased father shall devolve equally on all his legal heirs upon his intestate death.
Thus as a legal heir, even though you are his daughter you are entitled to an equal share in the property at par with your brothers.
The status is the same even after the amendment to Hindu succession act in the year 2005, you are entitled to one fourth share in the property, i.e., equal rights at par with your brothers.
You will be governed by the original Hindu Succession Act, 1956 and not by the amended act.
The legal position is that the daughter is entitled to an equal share out of her deceased father's share in the property left behind by him at par with his sons if the father is reported to have died intestate and this positions has not been altered by the amended act in the year 2005.
The legal position is that the daughter is entitled to an equal share out of her deceased father's share in the property left behind by him at par with his sons if the father is reported to have died intestate and this positions has not been altered by the amended act in the year 2005.
The legal position is that the daughter is entitled to an equal share out of her deceased father's share in the property left behind by him at par with his sons if the father is reported to have died intestate and this positions has not been altered by the amended act in the year 2005.
1. The daughter has equal share with her brothers and also mother (if she is alive) on the properties of her father who died intestate.
2. The daughter can file a partition suit claiming her share on her deceased father's properties.
1. The said Supreme Court Judgement passed in the year 2005 is with retrospective effect.
2. So, you have equal share on the said property of your deceased father as explained in my earlier pot.
1. You have equal right on the said property of your deceased fater being one of his legal heirs.
2. File partition suit as suggested in my earlier post.
1. Daughter will have 1/4 share from the self acquired property of father.
2. The amendment of 2005 is applicable on properties of HUF and not for Properties of individuals.