succession act 1994
prashant lingayat
(Querist) 25 June 2011
This query is : Resolved
SIR.
'A" HAS 2 CHILDREN 'B' & 'C', WHERE B IS A SON AND C IS A DAUGHTER. C HAS BEEN MARRIED IN 1993 AFTER THE DEATH OF A, IS C HAVE ANY RIGHT IN THE PROPERTY OF A
yogesh
(Expert) 25 June 2011
Yes she has the right as she is the legal heir of A. Provided that A(Self acquired) has not transferred the property to B. If A has made will for B .B again have to take the NOC from C
Kirti Kar Tripathi
(Expert) 25 June 2011
yes, C has equal rights in the properties of A as B have.
R.Ramachandran
(Expert) 26 June 2011
If the property in question is self-earned property of "A", then the daughter "C" has right to inherit her share in the property as a legal heir of "A". Such self-earned property of "A" will go by way of inheritance in equal share to the legal heirs i.e. mother, widow, son(s) and daughter(s).
If the property of "A" was ancestral then the daughter not being a "coparcenar" will not get a share.
Whether the property was "Ancestral" or not is to be determined first.
