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Succession of property, if no will

(Querist) 30 September 2014 This query is : Resolved 
Commercial Property Bought in the year 2002 by "A" from "B". now this property got sold in 2014.

"A" died in 2014, without any will.

now whether his daughters can claim share from sale proceeds of such property?
Anirudh (Expert) 30 September 2014
The answer is a straight 'NO'.
Rahul Sangani (Querist) 30 September 2014
Anirudh, can u explain with section as per Hindu Succession Act, 1956
adv. rajeev ( rajoo ) (Expert) 30 September 2014
IT is not clear when the property is sold, whether property is sold by A or it is sold after his death?
If it is sold by A then daughter cannot claim her share because it is A's self acquired property.
If it is sold after the death of A then she can claim her share because after the death of A succession opens.
Another thing if the property of A is earned by the income of the ancestral property then being a co-parcener daughter has got right to claim her share.
Rajendra K Goyal (Expert) 30 September 2014
If the property was sold by the father before his death, daughters or any other Legal heir have no claim. If sold after death, consent of all legal heirs is required and all Legal heirs have share in it.
Kumar Doab (Expert) 30 September 2014
If it is self acquired property of ‘A’ and sold by ‘A’ in his lifetime then daughters can’t demand share in this property.

However if A has left other estate and has died without leaving any WILL then daughters have share in estate of deceased ‘A’.


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