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Chitrarekha (architect)     24 December 2014

Hindu succession act

Hindu male died intestate leaving behind class I legal heirs widow, one daughter and three sons. Family settlement deed executed by the legal heirs as per Section 8 of Hindu Succession Act. Application along with affidavit filed to the Special Area Development Authority (SADA) to transfer the leasehold land of the deceased jointly in the name of all legal heirs. Chairman SADA approved transfer in the name of widow, but the competent court (Urban land ceiling act) declined to issue no objection certificate for transfer of the lease in the name of widow. Consequently, the property was not transferred in the name of any of the legal heirs and remained in the name of deceased for many years. Later SADA was disbanded and Municipal Corporation was formed. When the lease was to be renewed after lapse of thirty years, one son brought the will of widow and got the property transferred in his name. What legal remedy now the daughter has under Hindu Succession Act?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 December 2014

The Madras High Court has made it clear that the moment property is given in favour of a Hindu woman, she becomes the absolute owner despite the restrictions and limitations contained in the settlement deed.

Kumar Doab (FIN)     24 December 2014

It is felt that the competent court had declined to issue the NOC hence the lease of the property was not rightly transferred in the name of widow hence the widow was not competent to give away the property by WILL................

The daughter may obtain certified copies of the documents on record and approach an able lawyer dealing in civil/revenue/property matters and understand the merits after the record is examined by the lawyer and proceed further after understanding the merits,under expert advice of the able lawyer.


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