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Jay S (-)     30 April 2011

Maharashtra Property Succession Dispute

Hi,

I am not sure if this is the right place to post but I seek some advice..

I have a question with regards to property in Mumbai, Maharashtra.


A person buys a property in Mumbai in 1960. Prior to the purchase, all his six children, 3 girls and 3 boys were married.

This individual then passes away in the mid 70s instate.The daughters sign a release in favour of the sons in 2000 but due to infighting amongst sons, the succession was never applied for.

The Hindu Succession act of 1956, declares all daughters were not allowed equal shares in properties inherited. In 1994 this was amended in the state of Maharashtra, so that all daughters would have equal shares as sons in property. However, any daughters married prior to 1994, were not entitled to any stake in inherited property. Then in 2005, the act was amended across all of India, so that daughters and sons had equal shares.


Now my question is, the property is in Maharashtra. Do the 3 daughters left behind by the deceased have any stake 

in the property? They were all married prior to 1994, as well as signing a release in 2000.
Under Maharashtra law it says they have no stake but I think the India law made in 2005 raises doubts.

Who takes precedence? Maharashtra 1994 law? or 2005 India law?


The daughters are double minded and are going back on their word. They want their stake in the property.


Do they have a legitimate stake or not? Is it contestable by them? Or is it a closed case in favour of the sons? How can I verify and confirm this?


Please reply, assistance and opinions would be much appreciated



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2011

Sec 8 of Hindu succession act says that girl is also co-parcenr, it is applicable to ancestral properties. But in your case the properties are self acquired properties of a person so after his death succession opens and all his legal heirs are entittle for equal share. You said daughters signed release deed infavour of sons. Whether release deed is regd.,? if it is not regd., then daughters can claim their share. Question of marryingbefore 1994 is not a hurdle for the daughters.

golle (Manager)     08 June 2014

My father owns agriculture land of 6 Hectares exclusively funded by my grandfather. The family comprises 2 sons & 4 daughters. My father expired in Oct 1996. Mother expired in June 2013. Three daughters have signed release deed that was duly registered in 2012 in accordance of law. The fourth daughter is mentally sick, in-stable by mind & memory since >25years and also had been admitted in Mental hospital >3 times during this period. Currently, she is not recovered and is on medication.And as of now she does not even remember and neither understands the deaths of her father, mother and husband.

In this situation is she entitled for the share in the property?

If yes, What will be her legal %age share?

What will be legal proceedings to release her stake from the property?

This fourth daughter was married in 1978 and has a son & a daughter by this marriage. What will be the son's & daughter's stakes if any, if they want to stake a claim on her behalf?. The daughter is married and the son is employed in private firm.

Your advice is solicited.


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