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Manoj   11 August 2015

Hindu female's property after death

My mother inherited share in property (New Delhi) which was owned by her father. Her father (my grandfather) preceded her to heavenly abode. Her share in property is reflected in registered will (New Delhi). The LDO records also reflected her as co-owner.

Question is - upon her death, who are the legal heirs to her share of the property? Appreciate your help in this matter



Learning

 6 Replies

Kumar Doab (FIN)     11 August 2015

It is not mandatory to probate the WILL in Delhi.

Apparently the WILL was not under cloud and hence has been given effect by LDO as per procedure applicable in LDO and ownership record has ben updated as per WILL.

The property came to the Lady from her father. If the Lady does not give her share in property away in her life time by say WILL or registered Gift/Sale/Relinquinshment or mortgage and deceases without leaving a valid WILL then first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters.

 

Advocate Ravinder (Advocate/Attorney)     11 August 2015

You have not stated your religion.  Assuming you are hindu, if your mother died intestate (without writing will), then the property is distributed among her husband and children equally as per Hindu succession Act. 

1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     11 August 2015

Here the governing body is the personal Laws of different  religions and their schools like majorly In Muslim Law Shiya and Sunni sects and in Hindu Law Mitakshara and Devabhaga Schools plus the conventions of the society is also a major factor to decide succession like in some south Indian and North-East regions there is a maternalistic society among hinduas and sa well as in other casts.

However, taking the liberty to take your question as of a Hindu Lady, after her demice as an intestate the property will be equally distributed among the husband and her sons and daughters as first degree heirs.

For further legal consultation you can meet the undersigned at Delhi only after a prior appointment on phone.

Manoj   11 August 2015

Religion was stated as Hindu in Title itself.

Followup for Mr Kumar Doab - Can you clarify your opinion. My mother had 3 children (including me, all surviving). Her widow (my father) is also alive. Following that why would this section from Hindu Succession Act NOT apply? 

"General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; 
...."
 
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; 
...
 
Part #2) a) seems to apply only if there were no children of hers - which is not the case.
 
Can you comment.

T. Kalaiselvan, Advocate (Advocate)     17 August 2015

@Manoj:

The position of law to your question is that the intestate property belonging to your mother will devolve on her own legal heirs consisting her children and husband. Since all of them are available, the property lying on her name (inherited from her father), can be equally shared by all the four of you.

In fact you have quoted the relevant section of the Hindu Succession Act which is very much applicable in your case, please dont have any more doubts on it and get confused. The referred provision of law is reproduced below which is applicable to your case:

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; 

Manoj   18 August 2015

Thank you all for the opinion. My doubts are all cleared. Regards


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