• Applicability of Hindu Succession Act

A Hindu gentleman (referred to as "X") died intestate in August 2005, of old age. X was bed ridden, physically and mentally incapacitated since Jan 2005. All property was in possession of the Son of X, though wife of X was alive. Daughter of X had been married in 1970s under Hindu Marriage Act

The son of X died of natural causes in 2010. Between his father's death in March 2006 and his own, the son held all properties and paid the taxes due on them. There was no challenge to his ownership.

In 2011, wife of X passed away. She was taken care of exclusively by her son and his family.

In 2019, the daughter of X launched a civil suit against her nephew for division of property.

The family are Maratha caste of Hindus, in Maharashtra. On death of X, the daughter raised no claims for share of property or rentals... Not paid for their upkeep. Nor did she do so on death of her brother, or mother.

Is there a lapse of her claim? Or any type of ineligibility? The new Hindu Succession Act came into being only on 9th Sep 2005. Plus the daughter never demanded portion of rent or paid for upkeep of property.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

The daughter is entitled to a rightful share out of her deceased father's property if he is reported to have died intestate.

There is no time limit for her to claim her share, she can claim partition and her legitimate share in the property even after fifty years.

The latest amendment in the Hindu succession act is not for the daughter's share out of her father's property, it has been recognized only for her share in the ancestry property.

Therefore she is very much entitled for a legitimate share in the property which cannot be denied for any reason.

 

T Kalaiselvan
Advocate, Vellore
90279 Answers
2511 Consultations

Daughter has claim in property her claim doesn't lapse from the day of demise of father she has rightful share in the property.

See Hindu succession act amendment provided rights in ancestral properties in self acquired properties.on intestate succession daughter has right from 1956 act itself so.she can claim rights.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes daughter is class I heir and she will have equal share in properties.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since this property is not an ancestral property, the Hindu succession act 1956 shall apply to this situation.

She being a class In legal heir to her deceased father she is entitled to an equal share at par with her brother out of her decesed father's property.

T Kalaiselvan
Advocate, Vellore
90279 Answers
2511 Consultations

It is self acquired property of deceased father 

 

2) on his demise his wife , son and daughter have equal share in property 

 

3) on mother death her share would devolve on sin and daughter 

 

4) claim of daughter is not barred by limitation 

 

5) she can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
100076 Answers
8172 Consultations

Daughter is class 1 legal heir and has equal share in property 

Ajay Sethi
Advocate, Mumbai
100076 Answers
8172 Consultations

On death of father, his property inherited by 1/3rd share each.

Paying taxes dose not removes her inheritance right.

She is class I heir and her claim can objected on the ground that partition suit is barred by limitation.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes, daughter can claim share in her father's property as per supreme court judgement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. It's not clear in your narration, as to whether the properties were in "x" 's name or in his son's name.

2. Assuming that the properties were in "x" 's name and in view of his intestate death, the self acquired property of "x" would devolve equally to his wife and children. In view of the demise of the wife of "x", the property would devolve equally to the children, in the instant case to Son and Daughter.

3.  The amendment to the Hindu Succession Act in 2005 does not apply in the instant case, since the property is self acquired property. The amendment applies only to ancestral property.

4. The daughter of "x" is a Class-1 legal heir.

5.  The daughter's claim is barred by limitation. However she can request the court for condonation of delay.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

1. Mere possession of "X" property, will not confer Title-Ownership on Son of X, more so in absence of a WILL of X.

2. In absence of a WILL of X, "ALL" the residual Legal Heir's of X, are entitled to EQUAL share of property/s of X, which means the Son (33.33%), Daughter (33.33%) & Mother (33.33%), irrespective of fact that Mother was taken care of by Son and that Daughter did not contribute in anyway for Parents upkeep.

3. Here Mother's share (33.33%) will be further equally divided between Son (16.66%) (or his legal heirs) and sister (16.66%).

4. ALL above is PROVIDED that X & Mother did not make any WILL of their properties.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Yes daughter is class 1 heir of deceased father. 

2. No claim is not lapse by time under Hindu succession act.

3. Daughter can very well claim share from property of deceased father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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