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prabhu   04 November 2015

Daughter's right to father's individual property

Its a Hindu family. Father bought properties A, B and C. Father dies intestate in 1980s leaving behind 3 sons and a daughter(wife already dead).  Two sons enjoying properties A and B between them. Third son enjoying property C separately. Elder daughter dies in late 1990s. Second son sold his half share in property B in 1999. First son sold his half share of property B in Oct 2005. Younger daughter dies in 2006. I am the daughter of younger daughter.

Can I claim my mother's share in property A, B and C?



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     04 November 2015

yes you can.

saravanan s (legal advisor)     04 November 2015

If at all she had not relinguished her share in the property you can claim your mothers share

kavksatyanarayana (subregistrar/supdt.(retired))     04 November 2015

Author, if the father died intestate, then all the legal heirs have right over the property.  As one daughter died her share will be devolved by her legal heirs.  so you can claim in the share of your mother.

R K........ (Analyst)     05 November 2015

Since the father had died before 2005, so the daughter has no right in the property. Pls. refer to latest supreme court judgement

prabhu   05 November 2015

@R K... Please read the full judgement. In that case notional partition had already occurred in 1981. And therefore the daughter can not claim any more share in ancestral property. Also in my case, the property is not ancestral. It's my grandfather's self earned property. Therefore section 8 of act 1956 apply. Not section 6

prabhu   05 November 2015

@R K... Please read the full judgement. In that case notional partition had already occurred in 1981. And therefore the daughter can not claim any more share in ancestral property. Also in my case, the property is not ancestral. It's my grandfather's self earned property. Therefore section 8 of act 1956 apply. Not section 6

prabhu   05 November 2015

@R K... Please read the full judgement. In that case notional partition had already occurred in 1981. And therefore the daughter can not claim any more share in ancestral property. Also in my case, the property is not ancestral. It's my grandfather's self earned property. Therefore section 8 of act 1956 apply. Not section 6

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