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adv. rajeev ( rajoo ) (practicing advocate)     27 October 2016

Daughter right

Dear Members, One B got from his father A, B died issuless, his wife C got properties of her deceased husband B. There were no issues, as such C got adopted a son D. D had one son and one female. During the life time D gave the properties of his father to his grand children thru., will. Now daughter of D has filed a suit claiming her share. Is she entittle to claim her share in the property of D. Any citation please upload.


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 7 Replies

Kumar Doab (FIN)     27 October 2016

Which personal law applies in this case e.g; Hindu?

The property in the hands of A was self acquired/earned/HUF/Joint/ancestral?

Kumar Doab (FIN)     28 October 2016

Generically speaking:

and Believing that 

A was male and the property in the hands of A was self acquired/earned and all are Hindu.

Succession opens on date of death.

Believing that on date/month/year of death of A, his mother and wife were not alive and he had no daughters and B was son of A. Hence B was lone ClassI legal heir. Thus as posted by you B inherited whole estate of A.Nature of property acquired by inheritance is self acquired.

 

Believing that on date/month/year of death of B, his mother was not alive. As posted by you and B had no sons & daughters. Hence C (wife of B)  was lone ClassI legal heir. Thus as posted by you C inherited whole estate of B.Nature of property acquired by inheritance is self acquired.

 

C adopted a son D by valid means/deed. Adoption is not faulted.

How did  property of C devolve upon D? 

Say inheritance i.e. after death of C?

 

The property from mothers side is not ancestral.

Property of Hindu female if acquired from husband's side devolves upon heirs of husband if sons and daughters are not present.

 

Pls clarify the details.

 

 

 

 

 

Ms.Usha Kapoor (CEO)     28 October 2016

B son of A HAS ACQUIRED HIS FATHER'S  SELF ACQUIRED PROPERTRY  THROUGH INHERITANCE AFTER A'S DEATH A has DIED INTESTATE.property/self acquied by A LEAVING HIS ONLY SON B AS HIS SOLE LEGAL HEIR..  B i is issueless after his death property devolved upon his wife C. By then C adopted D. Hence entire property of  C  devolves upon D as D is   her adopted son as C  is issueless. AFTER HER DEATH IF SHE DIES INTESTATATE C'S  PROPERTY  WILL DEVOLVE ON D  HER ADOPTED SON THROUGH WILL/GIFT ALSO OR BY DYING INTESTATE ALSO..  IF D DOESN'T WRITE  A WILL AFTER HSI DEATH THIS PROPERTY WILL DEVOLVE UPON HIS SONS DAUGHTER AND HIS WIFE IN EQUAL PROPORTIONS. AS CLASS 1 LEGAL HEIRS.. D HAS RIGHT  TO  SELL, EXCHNGE, GIFT, BEQUETH, LEASE, MRTGAGE ETC WITH REFERENCE TO  THE PROERTY HE ACQUIRED BY WAY OF INHRITANE FORNM  C AS AN ABSOLUTE OWNEFR after demise of C through her WILLl.OR BY WAY OF REGISTERED GIFT DEED  If you appreciate this answer please click the thank YOU BUTTONON THIS FORUM.you button on this forum.

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Ms.Usha Kapoor (CEO)     28 October 2016

B son of A HAS ACQUIRED HIS FATHER'S  SELF ACQUIRED PROPERTRY  THROUGH INHERITANCE AFTER A'S DEATH A has DIED INTESTATE.property/self acquied by A LEAVING HIS ONLY SON B AS HIS SOLE LEGAL HEIR..  B i is issueless after his death property devolved upon his wife C. By then C adopted D. Hence entire property of  C  devolves upon D as D is   her adopted son as C  is issueless. AFTER HER DEATH IF SHE DIES INTESTATATE C'S  PROPERTY  WILL DEVOLVE ON D  HER ADOPTED SON THROUGH WILL/GIFT ALSO OR BY DYING INTESTATE ALSO..  IF D DOESN'T WRITE  A WILL AFTER HSI DEATH THIS PROPERTY WILL DEVOLVE UPON HIS SONS DAUGHTER AND HIS WIFE IN EQUAL PROPORTIONS. AS CLASS 1 LEGAL HEIRS.. D HAS RIGHT  TO  SELL, EXCHNGE, GIFT, BEQUETH, LEASE, MORTGAGE ETC WITH REFERENCE TO  THE PROERTY HE ACQUIRED BY WAY OF INHRITANE FORNM  C AS AN ABSOLUTE OWNEFR after demise of C through her WILLl.OR BY WAY OF REGISTERED GIFT DEED  If you appreciate this answer please click the thank YOU BUTTONON THIS FORUM..

adv. rajeev ( rajoo ) (practicing advocate)     28 October 2016

Sorry I forgot to say A has acquired rights over the ancestral property. Under hindu law.

adv. rajeev ( rajoo ) (practicing advocate)     28 October 2016

Thnq Ms. Usha Kapoor

T. Kalaiselvan, Advocate (Advocate)     30 October 2016

The property originally belonged to A though he inherited his ancestral property.

After A's lifetime the property devolved on B.

Upon B's intestate death this property devolved on his only surviving legal heir i.e., C. 

Upon adoption  of D by C, D becomes a proper legal heir to C and assuming C died intestate, D acquired as surviving legal heir/successor to his adoptive mother. 

Thus this property becomes an absolute property of D  and during his lifetime he can transfer this property by any means to anyone of his choice and in any manner he desires. 

Thus the testamentary disposition of the proerty through will to his grandchildren is legally valid and his Daughter has no rights to claim a share  in this property by any means.

In case she files a case for partition also, it may not be maintainable or valid in law. 

 

 

 


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