LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prasad (Engineer)     05 March 2009

Can any person claim succession rights on the property for which they have given NO Objection Certificate.

My father bought a piece of land in our village. He died intestate. I, My brother , My Mother, My Grand Mother got equal partitions.My Grand mother died intestate. I and my brother have applied for succession. My grand mother has two married daughters who are claiming their right in the property succeeded by my grand mother after my fathers death. I have two questions

First question

Will the married daughters get the right in the property of my grand mother keeping in view that the property  has been succeeded from my father and it is self earned property of my father.

Second question is

If the married daughters give No objection certificate now, Can they file any litigation in future or claim for their right in future..



Learning

 5 Replies

Nishant (Lawyer)     05 March 2009

If any person expired and left out his own gained property or ancestor property ,then legal heirs as his wife (widow) and all childs whether male or female (married or unmarried)get equal rights on intastate property .THis one is based on succession Act of Hindu and if dependent mother is there then she will also get the same rights.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 March 2009

i am not agree fully. under hinud succsssion amendmnet  after marrige on or after 1994, then only married daughter has right over ancesataral property 

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 March 2009

i am not agree fully. under hindu succsssion amendmnet  after marrige on or after 1994, then only married daughter has right over ancesataral property 

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2009

regarding first question  personal law applicable to you is to be seen therefore mention your religion.


answer to your second query is against you. obtaining succession certificate is not final decision on rights of legal heirs. it is simply for the purposes of collection of monies due to deseased. certificate holder is under obligation to distribute the money to all legal heirs.

adv. rajeev ( rajoo ) (practicing advocate)     17 April 2009

Bhanu is wrong.  SEc 8 of the Hindu succession is amended in the year2005.  As per the amended act even female has got equal rights of a male, 1994 amendment was brought by the Karnataka govt., so it is considered and amended by the central.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register