Anil Agrawal (Retired) 16 March 2009
A father died intestate leaving behind 2 sons and 5 daughters. All married. Wife died too. The only property a flat in occupation of one son. Who all can claim share in the flat? Remember, under the Hindu Succession Act, 1956, daughters had no right except the right of widowed and unmarried daughters to stay in the flat. Under the amendement of 2004, only daughters married after the amendment have got this right. Any judgement? Please quote. Tks.
n.k.sarin (advocate) 16 March 2009
If father died intestate leaving self aquired property.In this case all the successor two sons and five doughter( whether married or unmarried )and also widow of the deceased will get equal share in the said property.
Anil Agrawal (Retired) 16 March 2009
Hindu Succession Amendment Act, 2004, says that daughters married after the amendment came into force can claim a share in the dwelling house left behind by the father. In other words, daughters married prior to 2004 have no right. Also, unmarried daughters and widowed daughters have a right to stay but not a share. Please reconfirm. Tks.
Pankaj Rai (Lawyer) 17 March 2009
Dear ,Agreed with the answer of Mr. Anil Agarwal.
adv. rajeev ( rajoo ) (practicing advocate) 17 March 2009
Sukhija (Advocate) 16 April 2009
If father died intestate, Hindu, daughters only will have right of residence, if unmarried, widowed or left by her husband. daughters will not ask for share in dwelling house by selling it, if son is residing in it . If son decides to sell the house then only daughter will get share in the sum received after selling the house irrespective of the daughter married, unmarried, widowed etc. all children will get equal share.
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