Suppose the father (A) died in 1969. There was a son (B) and a daughter (C). The son inherited the ancestral property. In 2001, the son (B) died, leaving behind wife, one daughter and three sons. They (D) inherited his property. The daughter of A, as in C, died in 2020, 10th June. Can the son and daughter of C claim property rights of their mother from D?
In this case the property was A's ancestral property or a self acquired property. If it was a self acquired property then the children of C have a right to the property. They can claim.
If it was A's self acquired property then too tge daughter had a share as daughter's share was given after 1956.
The daughter has a share. I mentioned all the scenarios.
Yes they can only claim there mother's share from them
If she is deprived from her mothers legitimate share she can go for cancellation of the said title deeds by filing suit as well as claim recovery from them who has benefited from your share
Surely yes.
As per the order dated 11th August 2020 by Full bench of SC bench headed by Justice Arun Mishra in the matter of Vineeta Sharma V/S Rakesh Sharma and others.
Succession was done without proper division of property and without partition deed .
Section 6 of Hindu Succession Act 1956 as amended in the year 2005 and para 128,129 and 130 on page No 120 and 121of order is very much clear about your question and thereby my specific answer supported by i the order passed by Justice Arun Mishra in the matter of Vineeta Sharma V/S Rakesh Sharma and others .
Please read section 6,amendment 2005 with page No 120 and 121 para 128,129 and 130. Those are self explanatory to my answer "YES SURELY "
C is daughter of A and is entitled to receive her share equally to the extent of B right from 1956 till as of today as per the order of Justice Arun Mishra.
Now where is the ambiguity latent or patent?
Please read the entire order carefully which runs through from page 1 to 121 with section 6 of Hindu Succession Act 1956. You would get your answer in toto.
Yes, they can.
Son and daughter can claim share mother share in ancestral property
As per the latest judgment the daughters have rights in the ancestral property with retrospective effect.
If the daughter is reported to have died intestate then the property left behind by the deceased daughter shall devolve on her legal heirs.
1. IF Father died intestate (without making a WILL), "ALL" his legal heirs (Wife, Son & Daughter) are entitled to EQUAL share in all the properties standing in name of Father (at time of his death). There is no exception to this, whatsoever.
2. Respective Children of said Son & Daughter will step in shoes of their Parent/s are purposes of claiming their share in equal proportions, that would have originally gone to their parents.
1. After the death of father "A" in 1969, was there any registered document between son "B" and daughter "C" ?. If the answer is "No", then the son and daughter of "C" can claim their mother's share from "D".
2. However, in case of any registered document executed between son "B" and daughter "C", then the son and daughter of "C" will not have any legal right to claim from "D".
If "C" name is appearing in the ancestral property than "C"s son and daughter can claim property. Because "A" is passed away in the year 1969. Plus how the son "B" only inherited property in the yer 2001. You can make application in the revenue department to claim "C"s share in the property.
Since at the time of death of A the daughter C didn't not have right of Succession then it didn't open to her.
Therefore later on her children can not claim share in property inherited by D anymore.
So for D there is nothing to worry.
- Yes, It is clarified even in recent judgement
Yes they can claim
the Hindu Succession Amendment Act came into force on 9.9.2005 and on and from that date the daughters became coparcenors of the HUF property
on that date the daughter was alive
so she became a coparcenor
after the daughter's demise her share in the HUF property will go to her legal heirs i.e. her children
thus children of C can claim their share
Dont care about your ratings. Matters least.
The property is a HUF property
When father died in 1969, his share in the HUF property would devolve on his legal heirs under unamended s. 6 of Hindu Succession Act
As per that provision, if a coparcenor leaves behind any female heir, then his share in the HUF property would go to his legal heirs under s.8 and not to the surviving coparcenors
So son would not alone inherit the father's share in the ancestral property. His daughter would also inherit such share.
Subsequently daughter became a coparcenor in HUF property on 9.9.2005 when the HSA Amendment Act was passed.
Recently even the SC has clarified that even if the father was not alive on the date of Amendment Act, the daughter will still be entitled to coparcenory rights in HUF property
If you have formed an opinion then I suggest dont ask any questions or seek legal advice on legal platforms
- The in 2001 the son inherited the ancestral property as that time daughters were having no right over the ancestral property , hence after the death of B , his property would be devolved upon his wife , daughter , and three sons .
- Since, daughters of A was not under the right of Succession , then after the death of C , her legal heirs cannot claim any right over the property which was already inherited by B.
Yes. Daughter had equal share in the property and on the demise of C, her share inherited in her children. They have a fresh claim in the property and can file partition suit.
Dear Sir/Madam,
In the light of the said order of the Hon'ble Supreme Court, the said son and daughter of C can't claim the property from the D.
yes, they can claim share in ancestral property .
No they cannot file partition suit to claim share of their mother now because it the suit is time barred because of limitation period.
