Femal property distribution
GANGAM.RAJENDER.
(Querist) 24 October 2013
This query is : Resolved
sir my friend had been taken divorce from the court.before divorce they begotten one daughter and she is unmarried ,she is along with the father.his wife not married and she was died on THE year 2011 .she had self acquired property lands which are registered her name ONLY.
1.now her father and brother enjoying the property.will they have right (share) on the above said property .
2.now the divorced husband trying to file a partition suit ,can he succeed in the suit and his daughter have any share (right) in the above said property.
PLS GIVE ME SUGGESTION SIR.
WHICH IS URGENT TO FILE PARTITION SUIT SIR.
ABDUL RAZIQUE
(Expert) 24 October 2013
kindly describe fresh in detail, your question is like a jalebi.
GANGAM.RAJENDER.
(Querist) 25 October 2013
abdul razique sir which facts are correctly mentioned in the query,main concept of the query is divorced husband HAS any right to file partition suit and his child has any share in the above said property sir.they are legally divided so they will have any legal right sir.ACCORDING TO HINDU SUCCESSION ACT SEC 15 AND 16.
THANK YOU SIR.
P. Venu
(Expert) 25 October 2013
The daughter is the sole heir of the property. Neither the father nor the brother of the deceased have any claim over it.
Devajyoti Barman
(Expert) 25 October 2013
Divorced husband has no share in the property of divorced wife . However the children have.
ajay sethi
(Expert) 25 October 2013
agree with experts divorced husband has no share in divorced wife property
Rajendra K Goyal
(Expert) 25 October 2013
Divorced husband has no share in the property. Daughter of the lady is alive and she is legal heir in the property.
Adv. Chandrasekhar
(Expert) 25 October 2013
If the property is self acquired by the deceased divorced lady, only and ONLY the daughter has got full rights on the entire property. She can also recover the mesne profits from her maternal grandfather and maternal uncle from the date of the death of her mother till date of the judgment. Her father does not have any right in that property.
P. Venu
(Expert) 25 October 2013
However, her father can take appropriate action for restoration of property to the daughter who is in his care and for recovery of mesne profits on her behalf.
ABDUL RAZIQUE
(Expert) 25 October 2013
Dear Rajender,
Hindu succession act sec 16,Rule 2 describe clearly that "If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death."
The successor of deceased leaving with father (divorced husband), she/he may file appeal for recovery of share in property of the said deceased(mother)directly in case of adult but if the successor is/are minor then her father file suit for restoration or recovery of share,but he has no self right in the deceased wife property.
GANGAM.RAJENDER.
(Querist) 26 October 2013
DEAR ABDUL SIR,
WELL ADVISED WHICH I GOT THE ANSWER OF THE QUERY THANK YOU SIR.
Q1. UNDER WHAT ORDER AND RULE OF C.P.C APPLIED SUIT FOR RESTORATION OR RECOVERY .
Q2. YOU ARE ADVISED THAT APPEAL SUIT FOR SHARE IN PROPERTY OF DECEASED BUT REST OF SHARE BELONGED TO WHOM. HOW MUCH SHARE SHE WILL HAVE RIGHT TO CLAIM SIR.
THANK YOU SIR.
prabhakar singh
(Expert) 26 October 2013
THE PROPERTY OF A DIVORCED MOTHER WHO DIED INTESTATE LIVING BEHIND THE ONLY HEIR WHO
IS HER DAUGHTER(married or unmarried)
as per provisions of section 15(1)(a)read with section 16 rule of the The Hindu Succession Act 1956.
Husband being EX would be ignored and son and daughters are preferred heirs to all under law.
As in case in hand there is a DAUGHTER ONLY
SHE IS THE ONLY AND ONLY HEIR AND NONE ELSE.
prabhakar singh
(Expert) 26 October 2013
If the Daughter is minor,her father being natural guardian should first check if their ex in laws have got properties mutated,if yes,then how,under what right of claim?
Because without a WILL they can not be mutated.
So if there is a WILL it needs to be challenged by a civil law suit by daughter,if minor,by father as guardian.
If there is no mutation but their(ex husband in laws) possession is wrongful,a title suit along with claiming possession and mesne profit would be required.
Raj Kumar Makkad
(Expert) 26 October 2013
I strongly endorse the legal and perfect advice of Mr. Singh. The daughter of your friend needs to issue a notice to her maternal grand-father and uncles to vacate the property immediately as she requires it now for her own use failing which to file a civil suit for eviction against them.
M V Gupta
(Expert) 30 October 2013
I agree with Mr. Prabhakarji's comprehensive opinion.
