Hindu succession act 1956 and subsequent amendment in 2005
Bhawinder
(Querist) 12 July 2014
This query is : Resolved
A father died intestate in the year 2013 leaving his widow, three sons and one married daughter.
During his lifetime, he purchased an agricultural land from his own sources in Dehradun UP (now part of Uttaranchal)
After the amendment of HSA in 2005 and effective 09.09.2005 daughters(married or unmarried) are to be treated at par with son and also have coparcenary rights in Father's property. There has been judgements in Delhi High Court and Supreme Court where it is specifically mentioned that after 09.09.2005 the HSA prevails over the State Land Reforms Act after deletion of Section 23 of the act.
Refer : THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: 04.06.2010 + WP (C) 6435/2007. NIRMALA & OTHERS
Refer : GANDURI KOTESHWARAMMA & ANR. Vs. CHAKIRI YANADI & ANR. R.M. LODHA, JAGDISH SINGH KHEHAR 12/10/2011
In view of the above, please guide if Married Daughter are entitled for share in
agricultural property in Uttranchal father dying intestate
V R SHROFF
(Expert) 12 July 2014
ALL LEGAL HEIRS INCLUDING MARRIED DAUGHTER HAVE EQUAL RIGHT, TO PROPERTY OF DECEASED FATHER . [no WILL ]
Anirudh
(Expert) 12 July 2014
Dear Bhawinder,
Pl. do not get confused too much.
There are two kinds of properties. (1) Self-acquired properties and (2) Ancestral/HUF properties.
In the fact situation given by you, as the property was acquired by a father during his life time, it is self-acquired property.
As the father has died without leaving any WILL, the said property will be inherited by all the legal heirs equally. The legal heirs in this case are the widow, three sons and one daughter (whether married or unmarried has no meaning as both are legal heirs and therefore to be treated equally.)
The above inheritance will be governed as per Section 8 of the Hindu Succession Act, 1956.
The Hindu Succession (Amendment) Act, 2005 has relevance to Ancestral/HUF property. It has no application to the self-acquired property.
Further, the citations given by you of Delhi High Court and Supreme Court relate to Ancestral /HUF properties. Therefore they have no application to the fact situation given by you.
The answer to your query is that, as correctly answered by Mr. Shroff, all the legal heirs of the deceased i.e. his widow, three sons and daughter (married or unmarried) will get equal share in the property left behind by the deceased.
Bhawinder
(Querist) 12 July 2014
Thanks for your reply.
My query regards to the right of unmarried daughter in self acquired agricultural property of the father dying intestate which is governed by State land reforms act which prohibit share to a married daughter.
Please share your views on that
Anirudh
(Expert) 12 July 2014
Mr. Prabhakar Singh of this LCI, is a great Expert who can guide you in this regard. You can send a PM to him.
ajay sethi
(Expert) 12 July 2014
agree with Mr anirudh
Raj Kumar Makkad
(Expert) 12 July 2014
HSA 2005 prevails over the State Act hence there is no other interpretation of law than done by Anirudh above. Even in your case, there is no mention of an unmarried daughter. Had she been in the list of legal heirs, she also might have been treated as par with her brothers.
The property in this case shall be divided equally among all legal heirs.
Rajendra K Goyal
(Expert) 12 July 2014
The daughter along with other legal heirs have equal rights in the property. agree with the experts.
