Share in Property to woman
Bhaskar
(Querist) 14 November 2010
This query is : Resolved
A hindu male died in 1984 leaving behind one house in his name which is acquired by selling some ancestral property.
His heirs at his death were
1. Wife( Widow)
2. Son Married and has 3 male children.
3. Married Daughter.
4. Un Married Daughter.
Family responsibility was taken by son and he performed his sisters marriage in 1986.
Son has gifted this house to his wife.
Now his sister (4) filed a suit asking for share in house.
Whether she is eligible or not?
Please clarify..
Devajyoti Barman
(Expert) 14 November 2010
Yes after the death of the father intestate, his daughters have to equal share in the property. They can file a suit for partition where the son though may pray for defraying the expenses in their marriages from their share.
bhupender sharma
(Expert) 14 November 2010
all the legal heir have the right being the class one heir under the Hindu succession Act. The daughter have a right under section 6A of the said Act as the son.
R.Ramachandran
(Expert) 15 November 2010
Dear Bhaskar,
The Gift deed made by the son in favour of his wife is totally invalid for the simple reason that the son was not even the owner of the property in question.
As rightly pointed out by Mr. Devajyoti, all the children of the deceased including his widow are his legal heirs and are entitled to an equal share in the property.
Sri Vijayan.A
(Expert) 15 November 2010
1.The daughter is eligible for 1/4th of the property
2.After the life time of wife, her 1/4th share shall devolve on the three heirs
3.Then every heir shall be entitled to 1/3 of property
4.In this situation, ur sister can claim the 1/4 or 1/3 share
5. The settlement made by d son is invalid
