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HARISH MENARIA   09 September 2017

Will v/s share daughter

will override daughter share in father property according to hindu succession act, if PATRIMONIAL property


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 7 Replies

Siddharth Srivastava (Advocate)     09 September 2017

If self earned property then if there is WILL then the question of daughter's right does not arise.

Krishna. Advocate (Advocate)     09 September 2017

Your query is not clear.

Krishna Advocate 9447963440

Krishna. Advocate (Advocate)     09 September 2017

WILL shall override the Laws of Succession. The Fathers property will devolve upon the beneficiaries in case of WILL and upon Legal heirs in absence of a WILL as per the respective laws of succession.

Krishna. Advocate 9447963440

Kumar Doab (FIN)     09 September 2017

It is good that you have posted one basic and imp. Information.

i.e Personal law that applies in your case; Hindu Succession laws?

You have not posted other basic and imp. Information i.e. Nature of property; self earned/acquired or ancestral or joint or HUF etc etc, date/month/year of death of father.

Kumar Doab (FIN)     09 September 2017

 

Father’s property or property in the hands of father can be self acquired or ancestral. Even self acquired property can be thrown into ancestral pool. The determination of nature of property is test by evidence and law.

 

 

If nature of property is self acquired, then NO one (including daughter) has any forced share in it and father being owner can dispose it in anyone’s favor; even a stranger, by a valid/registered deed; say WILL.

 

If nature of property is ancestral, then father being owner of his share ONLY cannot dispose share of other Co-sharers. In such case WILL may operate upto share of father ONLY, and daughter is at liberty to claim her share.

SHIRISH PAWAR, 7738990900 (Advocate)     10 September 2017

If in will daughter has not given any share in propertes then "will" came in effect and property will be given to beneficiary of will. 

Kumar Doab (FIN)     10 September 2017

If nature of property is self acquired, and WILL is valid then daughter being beneficiary in the WILL shall not get any share.

If nature of property is ancestral, then father being owner of his share ONLY cannot dispose share of other Co-sharers. In such case WILL may operate upto share of father ONLY, and daughter is at liberty to claim her share, per applicable rules and facts of succession.

  


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