On grand father demise daughters and sons have equal one fourth share in property
2) on demise of son his share in property would devolve on his wife and children
Inheritance of daughters
My grandfather died in 1999. He has 2 daughters and 2 sons. My grandfather's wealth is all self acquired not ancesteral. My grandfather died without a will. His wife also died before him. My Family tree : Sabapathi ( grandfather ) - died in 1999. Wife died before him. Daughter 1 - married - 2 sons. Daughter 2 - married - 2 sons Son 1 - died. 1 wife & 2 daughters alive Son 2 - died, divorced. 2 daughters . I am one of the daughters. What is my share in this will ? Are daughter 1 & 2 of Sabapathi eligible for inheritance ?
Asked 5 years ago in Property Law
Religion: Hindu
27 Answers
- As per law, after the death of grandfather without a WILL , then his property would be devolved upon his legal heirs, i.e.2 daughters and 2 sons equally.
- Further , after the death of sons , their respective 1/4 each share would be divided amongst their respective legal heirs.
- Since your father has died , hence being the legal heirs of Son 2 , 1/4 th share would be distributed equally between sisters.
- Yes, Daughters 1 & 2 are eligible to get share.
As there is no will. All the said property will be equally divided between his living sons and daughters. If not then to the legal heirs of their sons and daughters the share of their parents.
Yes all daughters are eligible if legal partition is not done earlier
If father dies intestate
If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. The Hindu Succession Act categories a male’s heirs into four classes and the inheritable property goes first to Class I heirs. These include the widow, daughters and sons, among others. Each heir is entitled to one part of the property, which means that as a daughter you have a right to a share in your father’s property.
If daughter is married
Before 2005, the Hindu Succession Act considered daughters only as members of the Hindu Undivided Family (HUF), not coparceners. The latter are the lineal descendants of a common ancestor, with the first four generations having a birth right to ancestral or self-acquired property. However, once the daughter was married, she was no longer considered a member of the HUF. After the 2005 amendment, the daughter has been recognised as a corparcener and her marital status makes no difference to her right over the father’s property.
If daughter was born or father died before 2005
It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.
It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.
Yes, you have share in your mother's sharing ratio. As per Hindu succession Act , Class II heirs
CLASS IInd HEIRS
- Father
- (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
- (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.
- (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
- Father's father; father's mother.
- Father's widow; brother's widow.
- Father's brother; father's sister.
- Mother's father; mother's mother
- Mother's brother; mother's sister.
As per the below line mentioned by you " On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will. My grand father dies in 1999. then his daughters are not eligible rite ?
Asked 5 years ago
It is not ancestral property
2) it is self acquired property of grandfather
3) if grand father died intestate ie without will property would devolve on sons and daughters equally
Meaning for that rule is for ancestral property and and not for self owned property.
Does your grand father had made any WILL ? ... No so you have stated above.
So, you mother is eligible for her share in father's property and the same you can claim as per Class II heirs list point 3.
1. Both daughters and children born to predeceased son have equal rights as per the share to which each siblings are entitled to.
2. Therefore the property is liable for division among 4 Don's and daughters.
3. Now if any son or daughter dies during lifetime of their parents or before them then their respective 1/4th share would be further divided among their children equally.
4. You have 1/8th share in the property.
To lay your claim for1/8th share filing a suit for partition is an option.
As per the Act not entitled.
You would have claim over the property if he had been died after September 2005.
- As it is self acquired property of grandfather , hence daughters will get share in the property , if died intestate.
1. Where's the Will?
It is simple that you are entitled to a rightful share out of father's share in Deceased Sabapathy's property.
2. Daughters of Sabapathy 1 and 2 are entitled to one fourth share out of their deceased father's property respectively.
You have wrongly interpreted the law.
You first understand the fact that the daughters are entitled to an equal share at par with the sons out of their deceased father's property.
You can go through the HSA,1956 for more clarity in this regard.
The law referred by you will pertain to the intestate succession of ancestral property alone.
Now as per latest SC judgement that 2005 barrier is gone. Now the right of Daughter is by birth. Only if legal partition is done before 2005 then daughters will not have any share
Yes his daughters are not liable to have right over the property
if the grand father dies without leaving a will then the daughter and son can claim an equal share in the self-acquired property.
As per the below line mentioned by you "
On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.
My grand father dies in 1999. then his daughters are not eligible rite ?
this is for ancestral property not for self acquired .
Yes, it is.
You and 1,2 entitled to a share.
G.Rajaganapathy.
Dear Ma'am,
It appears that both your father has died intestate i.e. without creating a will.
In the absence of will, their properties would be governed by the rules of Hindu Succession Act. According to which:
After the demise of your grandfather, his property would be split into 1/4 share each to be inherited by all the children i.e Daughter 1, Daughter 2. Son 1 and Son 2.
Now being one of the two daughters of Son 2 who was divorced and passed away, his 1/4 share would further be divided between you and your sister. Therefore you would be entitled to 1/8 share.
Please note: This calculation is provided your father has not created a will to the contrary. If he has created a will, then the shares would be according to that will.
Yes, Daughter 1 and Daughter 2 are entitled as the property was his self acquired property. Hindu Succession Amendment Act 2005 has changed the rules in respect of Ancestral Property and NOT self acquired property. In the self acquired property, the daughters always had a share regardless of the date of death of father.
The "9th September 2005" rule will not even come into picture. That date is considered while dealing with Ancestral Property.
It seems you have misinterpreted the law or have been misguided.
Your grandfather's daughters will be entitled to 1/4th share each.
Yes all have 1/4th share each and deceased child share will inherit in his children.
You have half share in 1/4th share of your father.
There is no Will as per you and grand father and father died intestate.
SC says daughters have equal property rights, Hindu Succession (Amendment) Act 2005 has retrospective effect
https://www.livemint.com/news/india/supreme-court-says-daughters-have-equal-property-rights-hindu-succession-amendment-act-2005-has-retrospective-effect-[deleted].html
1. You will get half(2 daughters) of one fourth (4 children of grandfather) share from property of your grandfather.
2. Yes daughters of your grandfather can claim there share from his property.
Yes. As per the latest supreme court judgement delivered today girls are eligible even if the ancestors died before 2005.
Now you have a share.
Your father alongwith your uncle and two aunts get 1/4th share each in the property left by your grand father.
As such, you alongwith your sister are eligible to your father's 1/4th share i.e., both of you will get 1/2 share each in your father's share.
The property is not ancestral property. both of you are eligible to get equal share from the 1/4th share of your father.