On mother demise her 51 per cent share would be inherited by 2 daughters
it is immaterial whether she is married or divorced or staying abroad
Deceased license rights of legal heirs
We have Indian oil corp dealership with 51%my uncle and me 49%,I am the land owner given to IOCL as A site 20 years.My uncle died in 2018,later 51% was transferred to his wife,even she expired in feb 2020.now her two daughters are claiming for the same share.Now my question 1.Do they have rights? 2.one daughter got second marriage and divorced,leaving with second husband (unofficial) 3.One daughter leaves in USA.and does not come to india .
Asked 5 years ago in Business Law
22 Answers
Yes, father right inheirted by his daughters.
I have my uncle relinquishing his rights with a settlement in presence of elders,inspite of this settlement on sympathy on the family of my uncle I accepted share to my aunt.But now I dont want to continue with his daughters who are evil minded to damage my reputation as well as property.please suggest.
Asked 5 years ago
Yes, they do have rights in the 51% share per the company law. kindly check the nominee name on the application form of IOCL.
1. Yes , on death of her mother her daughters inherits her share unless the IOC has different guidelines extinguishing such e right of inheritance in the case of such dealership. Even such cases it can be challenged.
2. This has no relevance with the issue.
3. Same as above.
Is the relinquishment deed duly stamped and registered kindly clarify
further if your aunt was given 51 per cent on her demise daughters can claim her share
Yes if they are legal heirs and if there is no will not giving them share then they are liable
Relinquishment must done on agreement. Oral is not valid.
Refuse them any share. Let them appoach court to claim their right.
Daughters do have legal right to the property of their parents.
1. Yes, after the death of mother , her legal heirs can claim the right , hence if two daughter are only legal heirs , then they have rights
2. Even she is living abroad , has also her right to claim over the share left by deceased parents.
3. Even though , after coming to India she can claim
- If your uncle has released his share by way of a registered relinquishment deed in favour of you , then legally , you can claim full right .
- If, his daughters creating a trouble into the same, then should file a declaration suit for claiming full ownership.
Yes those daughters are the only liable to hold that 51%
It is their right
1. The daughters are their legal heirs hence they do have rights over their parents properties and assets.
2. The daughters are entitled to inherit their parents' properties hence their marital status will not make any difference to this inheritance.
3. That is their problem but as per law they both are entitled to an equal share out of their parents' properties.
Did your uncle relinquish his rights by executing a registered release deed in your favor?
If not, then you cannot avoid giving their respecitve shares to your uncle's daughters.
If you deny their rights, then they may approach court for seeking their relief, in that case you may have to face the consequences that may arise as a result.
1. Since you are the Land Owner, you may re-negotiate the dealership deal with IOCL and remove the name of Uncle /Aunt and sign a fresh deal in your sole name alone, by stating that you do not wish to have a joint deal in name of uncle /aunt and yourself.
2. IOCL can just simply rescind the earlier deal (because you are the actual land owner) and execute another deal with you.
3. By legal default, the legal heirs can claim rights of their Father /Mother, but this right gets extinguished if IOCL rescinds earlier deal (because you are the actual land owner) and execute another deal with you.
Reply to your first post:
Assuming to be Hindus, a female dying intestate, her husband and children will get share in the properties left by the deceased. Since her husband pre-deceased her, both her daughters are entitled to equal share.
1) Yes, on mother's death her two daughters will get equal share in the 51% share left by her.
2) Their private life has no bearing on the sharing of property, i.e., married / divorced / living with some one / living in USA.
Both are entitled to their half share each in 51% left by their mother.
Reply to your second post:
Clarity is not given as to whether the Relinquishment of his rights were registered by paying proper stamp duty.
By operation of law, your cousins are entitled to share in their mother's property, as such, if you are not interested to continue with them, option is, you can take the business by offering them to purchase their respective share or you sell your share and leave.
1. If mother passed away intestate then on her demise her share has devolved through intestate succession on both her daughters equally.
2. The marital status of daughter has no nexus with her right to succession under Hindu Succession Act.
Dear Sir,
The daughters being the legal heirs, may claim the share of their father. But the share will go to both the daughters equally. But once the uncle has relinquished his rights, the daughters can't claim any thing.
if she died without leaving a will, her assets will be distributed according the Hindu Succession Act. According to the Act, the first right on her assets will be of her daughter.
An unregistered Relinqushment is invalid in the eyes of law.
Daughters can claim 51% share, incase if you refused then they can claim share through court of law.
1. Yes they can claim 51% share in business which was on name of their father.
2. It doesn't matter that they are married or not or where they are currently residing they have right to claim properties of their parents.
Being the legal heirs they have rights. If they don't want to operate the pump then you may give them an agreed amount and take their share.
If a relinquishment deed has already been signed by your uncle then they have no legal right. Therefore you must tell them that they have no rights.