Daughter's claim on deceased mother's property without a will
Sambit Mishra
(Querist) 05 August 2013
This query is : Resolved
We are 2 brother and 5 sisters. Both of our parents are no more. There is a property in the name of my deceased mother which she inherited from her father and grand father. there is no one from my mother's side. Now between my 5 sister my elder sister is no more and between rest 4 sister 2 of my sister's are unmarried and in remaining two one is married to a muslim guy. Now my question is , Is my unmarried sister's eligible for the share of property as they are having there jobs and one retired from govt job. Secondly is my sister who is completely out of family for 25 year after her marriage to a muslim guy eligible for share. What is the share of we brothers?
Anirudh
(Expert) 05 August 2013
Section 15 of the Hindu Succession Act provides the General rules of succession in the case of female Hindus, which is as under:-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
Thus, the property left behind by your mother has to be shared equally amongst all the sons and daughters (whether married or unmarried, whether married to a person in other religion etc.), and the share of the deceased daughter will go equally to the children of the deceased daughter.
Rajendra K Goyal
(Expert) 05 August 2013
Agree with the expert Aniridh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 06 August 2013
I also do endorse the advice of Anirudh.
