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Anonymous
in Property Law Family Law
Asked April 16, 2018

Daughter's rights to father's property

  • 4 Answers
  • 413 Views

If a Hindu male died intestate in the year 1953 leaving one son & one daughter, is that daughter has any right on self earned property of father? If yes mention the law please

Answers 4

Dear Sir

In case of Self Acquried Property of a Male, all his Legal heirs i.e. Son, Daugther and Wife have equal right in the same. Section 8 of the Hindu Succession Act is clear in itself and requires to citation. However, this is subject to WILL if any executed by the Male. If the Male has executed WILL then the succession in case of Self acquired property will be govered by the WILL

Agree Comment 0 Agrees 9 months ago

Respected Ma'am Yes, you have. But you have to take certain steps, so that you can Demand your Right. You can Contact me through any of the Platform. Regards Adv.Shuchei Agarwal

Agree Comment 0 Agrees 9 months ago

For self acquired property, daughter has a right to claim share in it, irrespective when father died, as per section 8 of Hindu succession act. We have succesfully done similar cases on this point of law. 

Regards

Raghvendra Singh Raghuvanshi

Advocate Indore

Agree Comment 0 Agrees 9 months ago

Consequence of Amendment made by Hindu Succession (Amendment) Act, 2005 – rights & liabilities of a daughter member

·         Daughter shall be a Coparcener of Hindu Family Property.

·         If a Hindu dies, the coparcener property shall be allotted to the daughter as is allotted to sons.

·         If a female coparcener dies before partition, then children of such coparcener would eligible for allotment assuming a partition had taken place immediately before her demise.

·         No recovery is made for ancestors dues from son, grandson, or great grandson by applying doctrine of pious obligation.

·         A female member can also seek partition of the dwelling house where the family resides.

·         A widow of a pre-deceased son even though remarried is now eligible for share in property as legal heir of the pre-deceased son of the family.

·         A female can also dispose of her share in coparcenery property at her own will.

Expenses incurred on Marriage of a Daughter by HUF

Even daughter has become coparcener after Amendment of Hindu Succession Act, 1956, but marriage of daughter still an obligation of the Family under Hindu law.

Thus, reasonable amount of gift given on her marriage should not objected by the male coparcener.

Devolution of Interest in Co-parcenary Property

Section 6 as substituted by the Hindu Succession (Amendment) Act, 2005.

Section 6(1) provides that w.e.f. 06/09/2005, in a joint Hindu family governed by the Mitakshara law, the daughter of coparcener shall by birth become a coparcener in her own right in the same manner as the son. She shall have the same rights in the coparcenery property as she would have had if she had been a son and she shall be subject to the same liabilities in respect of the said coparcenary property as that of a son

Section 6(2) of the new post amendment section 6 provides that any property to which a female Hindu becomes entitled by virtue of sub section (1) shall be held by her with the incidents of coparcenary ownership. And property is capable of being disposed of by her by testamentary disposition.

Section 6(3) provides that

–    Where a Hindu dies after the commencement of Hindu Succession Act 2005, his interest in the property of joint family, Shall devolve by testamentary of intestate succession.

–    As the case may be, under this Act and not by survivorship, & the coparcenary property shall be deemed to have been divided as if a partition has taken place and, daughter is allotted the same share as son.

The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre­deceased daughter. [—- do — with the predeceased child of pre-deceased son or a pre-deceased daughter].

Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or great grandson for the recovery of any debt due from his father, grand father or great grand father.

Explanation to Section 6(5) provides that partition for the purposes of this section means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.

Section 6(6) provides that nothing contained in this section shall apply to a partition, which has been effected before the 20-12-2004.

Class I heir

 Son

– Son of Predeceased son.

– Son of Predeceased son of Prede­ceased son.

– Widow

– Widow of Predeceased son

– Widow of Predeceased son of Predeceased son

– Mother

– Daughter

– Son of Predeceased Daughter.

– Daughter of Predeceased Daugh­ter.

– Daughter of Predeceased Son

– Daughter of Predeceased Son of Predeceased Son.

– Son of Predeceased Daughter of Predeceased Daughter.

– Daughter of Predeceased Daughter of Predeceased Daughter

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Agree Comment 0 Agrees 9 months ago

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