When did hindu make die ?
if he died after coming into force of Hindu succession act his Wife , sons and daughters would have equal share in property
What is the succession/inheritance law for property purchased by hindu male at bangalore in 1944? Currently one duaghterś daughter and one sonś son survive
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When did hindu make die ?
if he died after coming into force of Hindu succession act his Wife , sons and daughters would have equal share in property
The Hindu succession act, 1956 shall be applicable.
If the property owner is reported to have died after enactment of the above law and is reported to have died intestate then the property shall devolve on the legal heirs or the legal heirs of the deceased legal heirs of the original owner.
1. In 1944 the succession among Hindus was governed by their customary law as Hindu Succession Act came to be enacted only in the year 1956.
2. Under the customary Hindu law only the sons succeeded to the property of a Hindu male dying intestate.
The property is self acquired property of the father.
In that context irrespective of date of death of father and marital status of daughter both his children would inherit their father in undivided half share.
1. See the Hindu succession act will applicable for every hindu intestate succession after 1956. You should give complete details and family chart as that would be convenient to understand your question.
1. Even though the Hindu Succession Act was enacted in 1956 and in the instant case, a Hindu male purchased property in 1944, the inheritance to his property opens up from the date and year of death of that Hindu male.
2. Whether the Hindu male died before the enactment of the Hindu Succession Act in 1956 or after the enactment in 1956 or on or after Ninth September Two Thousand Five, when the amendment to the Hindu Succession Act came into being
..3. It's also to be noted, whether the property is still intact, without undergoing partition.
4. Based on data of death of the Hindu male, this can be sorted out.
It will get divide between to equal share of legal heirs. As per the Class I heirs list of The Hindu Succession Act.
It will be only for sons in case of hindus. Daughters will not be included. But if property is divided now then present law of equal division will be applicable and share to daughters by birth needs to be given
1. IRRESPECTIVE of any criteria, under the Hindu Succession Act, "ALL" the legal heirs of "intestate" deceased are legally entitled to "EQUAL" share /claim /stake in such property.
Dear Sir,
Whatever be the year of purchase, in present times the succession law goes as per the amendments from time to time and all the surviving members can claim the share in the property.
- In 1956 , the Parliament of India enacted the Hindu Succession Act, 1956 to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
- Further , under this Hindu Succession Act, 1956 , only sons had a share in the ancestral property , but 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.
- Further , the Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
- Hence, if father died before 2005 , then daughter will not get any share in the property , i.e if the daughter will not get share then the question of daughters daughter share does not arise.
- If the sons son survive , then he will get the share of his father legally.
At the time of 1944 on the death of father, daughter had equal share with brother and their share inherited in their children. .
duaghterś daughter and sonś son have equal share.
My understanding is that prior to 1956 act the default was HUF ownership under mitakshara coparcenary and only sons inherit. The 1956 act excludes mitakshara properties. Is this valid?
Sons would only inherit if father died before coming into force of hindu succession act 1956
Well, it is needless to say that your understanding i misdirected.
Read section 4 and 5 to remove the doubt which you were harbouring so far.
Your own understanding and interpretation of law do not have answers in law.
You can discuss the actual problem with a local lawyer by producing the relevant documents in order to be doubly confirmed about your own thoughts and ideas in this regard
It includes, the succession in such property was done in coparcener basis and daughter was not considered one prior to 2005 amendment.
If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
1. If doesn't matter when the property was purchased for application of succession laws.
2. What matters is when the owner died and succession of property is created after death of owner.
3. So distribution of property will done according to Hindu succession act 1956 if owner died after this law was enacted.
1. 1956 Act does not exclude Mitakshara. Your understanding is wrong.
2. 1956 Act codifies the customary Hindu law of succession.