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Nirali Nayak   01 June 2021

Inheritance of father's property

Neelam, 22 years old, is the only daughter of their parents and has a 29 years old brother. After her fathers death will the property be divided among Neelam, her mother and her brother equally or all the property will only be inherited by her brother? 
 



 6 Replies

Advocate Bhartesh goyal (advocate)     01 June 2021

after sad demise of father,property rights will devolve equally among legal heirs of father I.e wife,son and daughter.

Dr J C Vashista (Lawyer)     02 June 2021

Whether the family / father of Neelam is Hindu or professing any other religion as inheritance and succession is governed by personal laws. 

Who is the titleholder (Owner) of the property ?

Whether the property is ancestral or self acquired of father of Neelam and her sibling?

Whether father (as owner of the property) executed any will or not?

Presumably they are Hindu and father of Neelam is leaving the property intestate (without any Will), it would be equally devolve between mother, Neelam and her brother.  .

Sankaranarayanan (Advocate)     02 June 2021

It should be divided among all legalheris i.e. you and your brother and mother

G.L.N. Prasad (Retired employee.)     02 June 2021

In absence of a written will deceased Hindu male properties are equally divisible between his wife, mother, and all children. (Intestate succession)

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

All the legal heirs are entitled to their legitimate share in the property left behind by the deceased owner provided the deceased is reported to have died intestate and the property was his own and absolute property.

 

Vasundhara Singh (Student)     04 June 2021

Hello, Greetings of the day!  

Inheritance of property among Hindus is governed by Hindu Succession Act, 1956. Initially, the property of Hindu parents was divided only among the male members and daughters had no right to the father’s property. After the 2005 amendment in the Act, the legislature aimed to remove the gender discrimination in the laws and laid down the provision that daughters have equal rights in properties as sons.  

In your query, the daughter will have an equal right to the property as the son and the property of the deceased father will be equally divided among the son, daughter, and mother. Section 8 of the Hindu Succession Act, 1956 lays down the provisions for the inheritance of the property of a Hindu man dying intestate. The property is divided into heirs of first-class, second class, agnates, and cognates based on ranking.   

Best Regards,     

Vasundhara Singh    

Law Student    


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