Enforceability of Hindu succession Act 2005 ( amended)
Querist :
Anonymous
(Querist) 20 December 2010
This query is : Resolved
Dear Expertrs of the forum,
Can a daughter claim coparcenary rights under Hindu succession act 2005 (amended),if her father had died in the year 2003 since the act came in to force only in the year 2005(but her father WILLED his property to his only son, daughter in law and to his grand childrens)?
With regards and Thnaking you All in advance.
R.Ramachandran
(Expert) 20 December 2010
Dear Anonymous,
You have to indicate (i) whether the property is ancestral or self-aquired.
(2) Where is the property situated
(3) Whether the daugher in question is married or unmarried.
(4) If the daughter is married when did she get married.
(5) Whether the mother is alive.
Querist :
Anonymous
(Querist) 20 December 2010
Dear sir,
(i)This proprty came to him from his mother in law a Widower,
(2) This property is situated in A.P state,
(3)&(4) yes Married , in the year 1978,
(5)mother died in the year 1996.
Thanking you for your instant reply.
R.Ramachandran
(Expert) 20 December 2010
First of all, the property in question is not an 'ancestral property'.
If the property is in the name of the father, then it is his personal property.
If the father had WILLED the property to his son (and did not give anything to the daughter) then the daughter cannot claim anything from the property.
Ofcourse, the daughter, if she wants can create trouble by challenging the WILL by saying that the will was obtained by force, undue influence, coersion, pressure, fraud etc.
Then it is for the beneficiary under the WILL (i.e. the son in whose favour the WILL has been granted) to defend the validity of the WILL.
