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ckanta (xyz)     14 April 2024

Succession of self acquired estate in case of divorced woman

Dear Esteemed Professionals,

My Sister got married in the year 1990 and got mutually divorced in 1995 and out of the said wedlock one daughter is born.  My Sister has worked in Govt sector and did not get remarried and has movable property in her name at the time of death. she got died in year 2020 and after 2 years her daughter/My Niece also got died in year 2022 and now as my niece was also unmarried so I have filed succession for my sister estate and mentioned schedule of legal heirs as Her daughter(already died), Me ,My Brother, Our father and Mother(Both Died)  now the court is saying that as you don't have any right of filing succession for your sister as Your niece became the Owner of property after your sister death  by operation of law and now succession to be claimed for your Niece and per Hindu law the legal heirs of father is entitled .It means dada and dadi of my niece and not you.

 

My query is as my sister is already divorced and the property is self acquired property of my sister then after her death the property goes to her daughter/my niece but now as my niece who was unmarried also died then it should be come back to my sister and succession should be claimed for the parental side nor the husband side as she is already divorced and no relation after that.

Can you provide some suggestion /judgements so that i can show to court to claim succession of my sister

Thanks for your help in advance



Learning

 5 Replies

Dr. J C Vashista (Advocate )     14 April 2024

Property of your sister (Hindu female died intestate) shall be governed by Section 15 (1)(d) of Hindu Succession Act, 1956 i.e., heir of her father.

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

After divorce the former spous of your sister do not have rights in her property. 

However upon the opening of the succession your niece becomes the successor to succeed to the estates of her deceased mother.  

Thus this property belongs to your niece after the death of her mother.

Now upon intestate death of your niece, her own legal heirs, i.e.,  her father whio is living shall be the successor in interest to succeed to estates of the property belonging to your niece.

Therefore you cannot claim the property if her father is alive, and if her fathre is not alive then her father's legal heirs are entitled to succeed to this estate. 

P. Venu (Advocate)     14 April 2024

The facts posted lacks clarity. Father is the ntural heir to the niece, in the given facts.

kavksatyanarayana (subregistrar/supdt.(retired))     14 April 2024

Your mother acquired property and after her, the property devolved to his only daughter who also died.  The daughter also died, her father is the legal heir of his daughter though he divorced his wife.

P. Venu (Advocate)     16 April 2024

"now the court is saying that as you don't have any right of filing succession for your sister as Your niece became the Owner of property after your sister death  by operation of law and now succession to be claimed for your Niece and per Hindu law the legal heirs of father is entitled .It means dada and dadi of my niece and not you."

Why dada and dadi and not the father? Is it that the father not alive? If so, when he had expired?


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