It was self acquired property of Nanan
on his demise his wife ,son and 3 daughters would have equal share in property
they can file suit to claim equal share in property and to set aside partition deed
Inherited property rights
Hello, here is my case. Kindly guide:- 1) Nannan and Visakan are brothers and both jointly acquired a property in the year 1948 in Tamil Nadu. 2) Nannan had his wife and 1 son (Ponnu) and 3 daughters (Selvi, Ramya and Samantha) 3) Visakan had his wife and 2 sons (Raman and Esakki) and 2 daughters (Sumathi and Sivakami) 4) Nannan died in the year 1970 without leaving any will 5) Visakan died in the year 1987 without leaving any will 6) Sons of Nannan and Visakan partitioned the property among 3 of them (1/2 for Ponnu and 1/4 each for Raman and Esakki). The same was registered on 9th Apr 1989 in the registrar office in Tamil Nadu 7) Nannan's wife died in 2004 8) Ponnu died in 2005 9) All the 3 daughters of Nannan were married before the year 1971 My question is if Nannan's living daughters (Selvi, Ramya and Samantha), who were married before 1971, would have any rights in the property of Nannan, even though the property records are now in the name of Ponnu as per the partition deed executed in Apr 1989.
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
The daughters of Nannan are also the legal heirs of the deceased Nannan.
If the son of the deceased Nanan had entered into partition with the sons of his cousin excluding the daughters, i..e, his sisters and had acquired the property, it would be invalid and illegal.
The three daughters of deceased Nannan are also entitled to legitimate share out of the share of property that Ponnu inherited, as a right.
Fact is, ancestral property partitioned in 1989 by registered deed among one son of Nanan and two sons of Visakan excluding on daughter of Nanan and two daughters of Visakan. Partition registered in 1989 is invalid liable to be reopened by any of excluded daughter or her/their legal heir/s. Marriage of Selvi, Ramaya and Samantha before will not destroy their right to challenge the partition.
As Nannan and Visakan, who had acquired aproperty jointly, died without any Will, the joint property devolved on all their legal heirs equally - their respective wives, sons and daughters. After Nannan's death his 50% undivided share devolved equally upon his wife, the son and 3 daughters, with each acquiring 10%. After Visakan's's death his 50% undivided share devolved equally upon his wife, 2 sons and 2 daughters, with each acquiring 10%. The daughters cannot be legally excluded in the partition, no matter whether they were married or not. The partition deed can be challenged by the daughters.
Dear Client,
According to Hindu Succession Act, 1956 Nannan's daughters shall have the right to inherit his property.
Thank you
- As per the Supreme Court , the daughters having right to claim share in the property , specially after the death of her parents.
- As per law, after the demise of Nannan without a WILL , his property would be devolved upon his sons and daughters , if wife died.
- Hence, the daughters having right to claim their share in the property , even the property records are in the name of Ponnu.
Yes if he has died without will they will have share being legal heirs.
Thanks all for the responses. I have a follow-up question:- Until the Hindu Succession Act was amended in 1989 in Tamil Nadu, the daughters had no right to the property of the father. That is the reason, the partition deed was executed in Apr 1989 between the sons of Nannan and Visakan among themselves and it was registered in the Registrar office. However, the Tamil Nadu Government amended the Act in 1990 giving rights to the property rights to the daughter. As such, I believe that the partition deed entered by the sons of Nannan and Visakan are still valid. Kindly clarify this.
Asked 4 years ago
Yes partition deed before amendment is valid.
Under hindu succession act 1956 on father demise daughters had equal share in self acquired property of deceased father
Under the amendment in Tamil Nadu only daughters of a coparcener who were not married at the time of commencement of the amendment of 1989 are is entitled to claim partition in the Hindu Joint Family Property.
in self acquired property of deceased father daughters have equal rights
The amendment brought in by the government of Tamilnadu in the year 1989 was in respect of equal rights to daughters in the ancestral property only.
The daughters were entitled to an equal share out of their father's property at par with sons by the enactment of Hindu succession act, 1956 itself.
Hence the partition drawn without involving the daughters especially to the property left behind by the father who is reported to have died intestate, would be invalid hence the daughters can claim their legitimate share in the property as a right.
Daughters have every right to inherit an intestate estate under the Hindu Succession Act, being Class-I legal heirs. The SC has upheld this legal position in many cases.