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
To further clarify, none of the property of X was "ancestral", and had been acquired in his lifetime.
At time of death, old Hindu Succession Act was in force. Was his daughter a Class I heir?
Asked 6 years ago