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Gauranga Bhattacharya (Officer ( Retired ))     23 December 2012

Hindu succession act,1956

Dear Experts,

 

1) As per recent judgement passed by Hon'ble Apex Court (on 11/10/2011), the legal heirs of a deceased, that is, sons/daughters, are equally entitled to their late father's property (daughters may be unmarried or married). However, (this is most important), all such heirs MUST also BEAR all expenses (towards maintenance, payment of tax on the property, repayment of loans taken for the renovation/construction of that property,etc) EQUALLY.

Now, my question is : If the heirs do not contribute towards maintenance etc. (as mentioned above) WHETHER THEY WOULD BE DEPRIVED OF THEIR RIGHTS ON THE PROPERTY ? If so, whether such heirs would have to prove their participation in payment of maintenance etc. to claim their right to that property ?

Incidentally, at present only the surviving son of the deceased bears the entire maintenance etc.alone.The other heirs are widows of deceased sons.

My second question : Whether unmarried/married granddaughters, and the grandsons are also entitled to the right of their grandfather's property after the death of both their parents ? If yes, in that case also, whether the judgement of the Hon'ble Apex Court (as mentioned above) should apply ?

Regards.



Learning

 1 Replies

Advocate Vishnu (Advocate)     24 December 2012

Dear Gaurang,

All the heirs in the undivided joint hindu family have an equal share in  the property.

If only one heir maintains the property, the same shall be deducted when a partition takes place or at the end of the partition suit.

The grand children will have rights on the property to the extent of their parent's share had they been alive.

Hope this clears your doubts.


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