The father of a family died leaving wife two sons and a daughter as legal heirs. Can a daughter be a legal heir to a father's inheritance? While dividing paternal Grand father's property, the wife and sons joined to sign partition. The daughter did not join in as heir. She orally expressed that she did not need the share of property. She just signed the partition as witness only. Her mother also expired after 2 years. Now for some reason this daughter wants to claim her right as equal legal heir for the property. Can she do so now? Is she a legal heir of the grand fathers property? How much share she will get after the expiry of her mother?
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Yes daughter is legal heir of the father and she has right to inherit property of her father in equal proportion as son's and mother.
See can file a partition suit claiming her right, yes she has share from fathers property and from deceased mother's share too.
The daughter is one among the legal heirs of her deceased father.
Her deceased father inherited his share of property from his father and he is reported to hav died intestate.
Therefore the property left behind by him shall devolve equally among all his legal heirs consisting his wife and children.
The daughter is entitled to one third share in the property which she can claim even now.
Further since her mother is also reported to have died intestate now, the daughter is entitled to one half share in the property
She can file a partition suit if her brother is not giving her the share of property she is entitled out of her deceased father's properties.
1) daughter has equal share in property
2) she has to file suit to claim her equal share in property
3) she can claim her deceased mother share as mother has not relinquished her share in the property
1. Yes, the daughter is the legal heir of father\s property,
2. she can claim the property by way of filing a civil suit for the partition of the property,
Yes daughter will be equal share holder for the said property now
1. Even though a Legal Heir of the family, "Married Daughter" is NOT entitled to claim any Share from "paternal Grand father's property", more specifically so AFTER confirming the partition deed even as a witness.
Yes, daughter will inherit 1/4th share. Signing as a witness doe not loose her right. And after mother demise, she inherits 1/3rd share in property.
She can claim her share by filing partition suit.
Daughter has equal rights in property. She can file partition suit to claim her equal share.
Yes, you are entitled to a share.
Regards
G.Rajaganapathy
High Court of Madras
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.
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.
1. Yes daughter is legal heir to properties of father.
2. Yes she can claim her share from property as she is not witness but party to the settlement.
3. Yes she is has right to claime ancestral properties.
4. She will get 1/3 share from all the properties either it is self acquired by father to ancestral.
Yes, daughter can claim her share in both the properties in father's and grand father property. As per the Indian succession act.
1. The property of a Hindu male dying intestate devolves equally on his Class 1 heirs who are his widow and children. The share of daughter is at par with that of sons in the self acquired property of father.
2. Oral wishes do not bind anyone.
3. Since daughter was not a signatory to the partition deed the latter is not binding on the former. However, as she she has signed as a witness the limitation period will operate against her if she were to file a suit for partition now.
