Joseph (Business) 30 July 2014

Daughter's claim in deceased father's self acquired property

Consider the case.

The man living in Jaipur has a self-acquired property and dies(in the year 1994) leaving behind no will.

He has 2 son's and 2 daughters All the 2 daughter's are married(Before 1990).

Considering the HSA act, do the daughter's also have the legal share in the father's self-acquired property?

Can they claim it now?(post HSA, 2005 ammendament)

Any help would be appreciated.

Thanks.

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8 Replies

adv.raghavan (Advocate,9444674980) 30 July 2014

If no partition effected, yes they are eligible for a share.

prasanthi (housewife) 30 July 2014

i am from vijayawada my father has 2daughters and 1 son including me. i got loved marriage they didn't give anything till now from my marriage(2007). how much i will get share in my father's property. my father is still alive his age is 62now

adv.raghavan (Advocate,9444674980) 30 July 2014

If it is your fathers self earned property, it is his sole discretion on disbursement of properties. On the contrary if it is ancestor property you are eligible for a share in it. If your fathers fails to extend any thing to you, you can file suit for partition with available property documents.

Surrender K Singal 31 July 2014

If father has not left any valid WILL behind, all the children would be equally entitled to his estate;

prasanthi (housewife) 04 August 2014

All the properties earned by father. But the properties which earned by dad are in the name of my mother and ancestor property are in the name of by dad.

Surrender K Singal 04 August 2014

MOTHER'S PROPERTY IN THE ABSENCE OF ANY VALID WILL, SHALL ALSO BE DIVISIBLE AMONGST ALL CHILDREN EQUALLY; ANCESTORAL PROPERTY SHALL BE INHERITABLE BY ALL CHILDREN AS ALSO FATHER'S OTHER PROPOERTY