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Virtual Legal Assistant (.)     09 December 2021

Succession

1. mother did not claim her rights in her fathers property, can son claim after her death?

2. What is the interpretation of predeceased daughter?


Learning

 3 Replies

Rahul Mehalwal   09 December 2021

Section 10 Rule 4 of the Hindu Succession Act would apply in your case. However, a few questions need to be answered here. Did your mother relinquish her share or not? Was there a will made by your mother's father? If the answer to these questions are no then you can claim your mother's share in the property of her father.

Advocate Bhartesh goyal (advocate)     10 December 2021

If father died intestate then after demise of his daughter her son can claim share of his mother in property

Archana Pandey   19 January 2022

  1. Under the Hindu Succession Act, 1956 in Section 8 (Rules for Ownership in case of Males), it has been stated that the son of predeceased daugher will consider as a Class I heir. Thus, you can claim for property.
  2. However, predeceased daughter in Indian law says a natural daughter or an adopted daughter only as step or illegitimate daughter are not allowed here will be considered as a valid whether she is of void  marriage or annulled by the Court. Her marital and financial status is of no mean here.

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