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bluejay_BJ (sales manager)     14 October 2011

Inheritance by daughters

Hi, I am not a legal person, so will ask in lay man terms. Any help will be grateful. 

1. My father died in 2004. My mother passed away in 1996. We are 3 daughters only, no sons. 

2. My father divided some property before he died, and some more left. There is no will. 

3. Now the remaining property is in court, and needs to be divided. Judgement has not been passed yet. 

4. The third daughter claims that due to 1955 HAS act, since she is the last daughter and has been married after 1985, she will be considered legal heir and major share of property will be hers. Is this true incase there are no sons? or only in case where there are sons present? Will this apply in our case (other 2 daughters married before 1985).

5. Also, now the 2005 HAS act has ruled that daughters will get equal share. But my father died in 2004, will the 2005 act apply to us? and do we have right to equal share? 

6. Please help us as we are confused and different lawyers say different things. 

 

THanks in advance. 



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2011

You have said that some properties are diswtributed.  Amongst who it is distributed and whether any regd deed is there.  If you cleared all these it can be advised properly

1 Like

bluejay_BJ (sales manager)     14 October 2011

6 acres of land has been divided among the three daughters on which they have built houses. There is a gift deed for all these 3. 

kumar t v s (advocate)     14 October 2011

sri Bluejay,

Since you mentioned 1985 act,  I assume you are from AP.

 

The particular sections of HSA 1985 and 2005 deal with inheritable rights in ancestral property. For self acquired property of your father in the absence of WILL all the three sisters are eligible for equal share without referance to 1985 or 2005.

bluejay_BJ (sales manager)     14 October 2011

Sri Kumar garu, 

Thank you for ur reply. Im not very sure. But I think it is ancestral. What would be the consequences if it is ancestral? 

kumar t v s (advocate)     14 October 2011

Since there are no sons, in my opinion all sisters shall share equally irrespective of 1985 rule which is applicable when there are sons who are coparcinars.


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