Inheritance of parents' property by daughter
NC Mistry
(Querist) 29 November 2015
This query is : Resolved
Dear sirs,
As per the SC judgement on 13-Aug daughters will not get father's property if the father died before commencement of 2005 Act.
Whether the daughter will still be entitled for her share if father died before commencement of the Act and the property is not yet partitioned?
I have the same question in regards to late mother's property.
Regards.
Kumar Doab
(Expert) 29 November 2015
Father and daughter be alive for partition.
The judgment is not for property whose title is in mother's name.The inheritance of Hindu mother's property is already well explained in Hindu Succession Act and property shall devolve depending upon the property is self acquired/acquired from husband/from parents.
NC Mistry
(Querist) 29 November 2015
Will the daughter be not a coparcener when the dead father's property is still in his name, i.e. not yet partitioned? New section 6 (1). There is no mention about the case when father died before the Act 2005.
Rajendra K Goyal
(Expert) 29 November 2015
The decision has limitation, discuss with your lawyer, show him all documents of the property share related information.
prabhakar singh
(Expert) 29 November 2015
In case, the property is self-acquired by your father who died intestate, daughters have an equal share in it along with brothers and mother.
In mothers property, if she died intestate, the property would be shared equally by her husband(if alive)and/or by sons and daughters.
About coparcenary property, you need to provide facts to us in more details so that we may ascertain if the same is coparcenary or not.
Hence better tell the history of the origin of property and it's title.
NC Mistry
(Querist) 29 November 2015
Thank you Sir. I will revert back after compiling the information.
Regards.
NC Mistry
(Querist) 29 November 2015
For Mr. Prabhakar Singh.
Father died in 1988.
Land:One portion inherited form his father.
One portion purchased by him.
Both the lands still in his name, not yet partitioned.
Mother died in 1987.
Land purchased by her jointly with one of her sons. The son died in 1989. Land still stand in her name, not yet partitioned.
Regards.
prabhakar singh
(Expert) 29 November 2015
The portion purchased by him is clearly subject of your inheritance.
The portion inherited from your grandfather if acquired by your grandfather himself then it is also the subject of your inheritance.
Property bought in mothers name and your brother's name: Mother's share shall be shared by her sons and daughters equally.
Brothers'share shall be inherited by his heirs, namely widow, sons and daughters, if
any.In case none among them then the same shall be passed on to in given order (1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.
NC Mistry
(Querist) 29 November 2015
Thank you Sir.
I am writing on behalf of my wife. She is the daughter under reference for inheritance of late father's property. My query was in light of the latest SC verdict on inheritance by daughteers.
Regards.
NC Mistry
(Querist) 01 December 2015
Dear Sirs,
I am not clear: Father died in 1988. His property is still in his name, not yet partitioned. In view of the recent SC verdict whether the daughter is coparcenar or not? And as per clause 6(1) whether she has share in the property as copercenar or not?
Regards.
