Simantini Ghorpade
Asked September 09, 2016

Right of the daughter in the property transferred by father to his son

  • 2 Answers
  • 252 Views

When my father was alive, he transferred all his property to my brother without any notification to me . Now, my brother is also not alive as he has passed away in 2000. Can I claim my share from his widow wife and his two children?

Answers 2

In order to understand the present situation of distribution of property when a person dies intestate i.e. without leaving a will, the desired law that deals with the particular situation is HINDU SUCCESSION ACT, 1956. Specifically, section 8 of the act mentions that in such a situation the property devolves to Class I heir of the deceased and then to Class II heir subsequently (when all the class I heirs are deceased).

Meaning of above classes:-

Class I[1]

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son; 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son] 

Class II[2]

(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’s 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.

The above explanation clearly suggests that you fall in the category of Class II heirs, thereby defeating your claim on the share of property left intestate by your brother.

 

[1] http://latur.nic.in/html/elibrary-new/e%20Library/hindu%20succession%20act-1956.pdf

[2] http://latur.nic.in/html/elibrary-new/e%20Library/hindu%20succession%20act-1956.pdf

Agree Comment 0 Agrees about 1 year ago
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No You cannot have any claim, whatsoever, from that Property. Your father being the absolute owner of hte property, he transferred it to your brother. Your brother now becomes the lawful owner of the property. After his death, his wife, and childrens become the heirs and lawful owners by way of succession to his property. Sister do not fall as Class I heir in the property of brother. 

So you cannot have any claim from that property. 

Agree Comment 0 Agrees about 1 year ago
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