Jyoti (Legal Secretary) 23 July 2016

Daughter right in property acquired by father

Greetings Members!!

I have an urgent query on Hindu Succession Amendment Act. It will a great help, if any expert can clarify my urgent issues.

Facts:-

1. Mr. X acquire a property on POA basis in the year 2000. He has one son and three daughters, all married.

2. Mr. X died on July, 2005. At the time of his death, his one daughter was a divrocee (Without any child) and living in the property along with X's Son's family.

3. After one month, she volutarily left the home for 9 years and again returned back in 2014.

4. Now, the all three daughters are pushing the Son to give share in the property to them.

Queries:-

-My question is, as the Hindu Succession Amendment Act was came into force in Sep, 2005 but Mr. X died on July 2005. Is daughters possess any legal right on this property??

-If no, can the X's son proceed to transfter the property on his name without involvement of X's daughters??

Regards,

Jyoti

Reply Follow

6 Replies

JustAdvisor (IT) 23 July 2016

the amendment is with regards to ancestral property. if the property is self acquired through a valid sale deed and the owner passed away without making a will, all children along with wife and mother (if alive) are class I heirs and have equal shares. please engage an able counsel to enforce your rights.

Kumar Doab (FIN) 23 July 2016

Show the POA to a very able counsel specializing in revenue/property/civil matters.

Usually the POA is dead with death of concerned party.

Daughter has equal share in self acquired property of father.

Daughter has equal share in wealth of father.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 July 2016

The document based on which mr X originally got the title cant be just a POA. If it is just a POA, his title is imperfect and holds no legal validity.If however its a POA /Agreement to Sell/Will/Receipt/.Posession letter chain of documents, then the same shall entitle him to a valid title as held in the judgement of the apex court in Suraj Lamps vs state of haryana. You may have the documents reviewed by any competent attorney.

Let us assume that the title is perfect, so as to enable us to answer your second query. In case the title is perfect, then the daughters can surely ask the brother/son to transfer the title. If he does not comply, anyone of them, may file a partition suit to enforce their shares.

And no the amendment shall not apply in this case, as the said amendment is with respect to ancestral property and not self acquired property.

Augustine Chatterjee

Advocate & Solicitor at Law

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Jyoti (Legal Secretary) 24 July 2016

Thank you for the valuable comments. Its really helpful.

Kumar Doab (FIN) 24 July 2016

It is good to see that some querist come back to thanks the members/experts.

You are welcome.

Ms.Usha Kapoor (CEO) 26 November 2016

Amended 2005 HSA applies to Ancestral property. In which case sons and daughters,get equal shres As copparcenars. But your FATHER DIED INTESTATE LEAVING BEHIND HIS SELF ACQUIRED PROPERTY IN WHICH CASE SONS, DAUGHTERS, MOTHER , WIFE WOULD GET EQUAL SHARES AS CLASS 1 HEIRS. iF YOU APPRECIATE THIS ANSWER PLEASE CONVEY MY FORUM THANKS BY CLICKING THANKS.