• Daughter's heirs right to huf share

If a daughter dies intestate before the partition of a huf property is legally affected either through a registered deed or final court decree, then can the legal heirs of the daughter claim her share in the huf property?. in other words are the legal heirs entitled to recieve the daughters share in the above mentioned scenario, if the partition is affected after her death.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Legal heirs of daughter are entitled to share in HUF property 

 

if case is pending in court on daughter demise legal heirs have to be brought on record 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the daughter is entitled for a share in the HUF property then her share of property shall devolve equally on her own legal heirs, i.e., on her husband and children if married, if unmarried on her mother.

Thus the legal heirs can very well claim her rightful share in the property as her successors in interest to succeed to her estates. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. If the daughter was alive as on [deleted] and later dies intestate subsequent to [deleted], then her legal heirs can claim their right over daughter's individual share in the HUF.

2.  Even though the daughter might have died intestate before partition of the HUF either through a registered Partition Deed or Court Decree, her legal heirs are entitled to a share limited to the daughter's share.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Legal heirs of dated have right to claim share in ancestral property even if the partition  takes place after death of daughter. Death of daughter before or after partition  will not affect right of legal heirs in ancestral property of daughter

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Yes a daughter's share can be claimed by her heirs even after her death.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Yes the right of their children is not extinguished after death. They have right to the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Sir/ Mam

1. On February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.

Thank You!

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- As per Supreme Court , daughter having equal right in huf property. 

- Hence, after the death of daughter , her legal heirs can claim her share in the huf. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Yes, the legal heirs are entitled to receive the daughters share in the above mentioned scenario, even if the partition is affected after her death. They would need to file a suit of succession for it.

Indu Verma
Advocate, Chandigarh
71 Answers
8 Consultations

5.0 on 5.0

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