Daughter rights to do fathers death ceromony
Avinash
(Querist) 25 September 2014
This query is : Resolved
Respected sirs/madams,
Mr. X has 3 daughters A, B, C nd 1 son .
Son expired 20yrs before.
Mrs A is first daughter of Mr. X and has two children son and daughter.
Mrs B is second daughter of Mr X and has three children two daughters nd one son.
Mrs C is third daughter of Mr. X and has two children son and daughter. Mrs.C is a widow.
Present Mr. X is aged above 75yrs and his state of mindis mentally unfit .
Now my doubt is which daughter has legal rights to do Mr.X death ceromony if he expires.
Will Mrs A is willing to do fathers death ceromony as she is the first daughter. But Mrs C is interfearing in between and as she is a widow, she wants her son to do her fathers ceromony.
And one more doubt is will Mrs A son has the right y because Mr X has look after mrs A's son frm childhood to till nw studies.
Pls give yours valuable advice thnkng u...
P. Venu
(Expert) 26 September 2014
The query suggests no legal elements.
Anirudh
(Expert) 26 September 2014
First tell me
(1) whether the old man of 75 years has any property or not.
(2) If he has property, whether he has written any WILL or not?
Avinash
(Querist) 28 September 2014
Yes, Mr.X has 375yds land which is his self owned property.It is partioned equally to A B and C.In that both A and B combinedly given thei r land I.e 250 yds for builders which is under constuction . The remaining 125yds is registered on C's name and in that only she isliving. But both A and B did not registered the land on their name. on Mr.X name only they given the land for builders as they are poor. Mr and Mrs. X both are living with C as their wish. C is poisoning Mrs.X mind that she wants to her son to Mr.X death ceremony so that she can earn flat from A and B's land.
Now my doubt is if C's son does Mr.X death ceremoñy , will he have any right on the A and B's land.
Pls suggest an advice its very urgent
Anirudh
(Expert) 28 September 2014
Dear Mr. Avinash,
It is quite bad of you not to mention this information in your first post, but instead posting the query.
I know that only because of some wrong notion that by performing one's last rites one will get the property, such claims are being made. THIS IS ABSOLUTELY WRONG. If that be so, a completely strange third party would be able to successfully stop all the legal heirs and perform the last rites and claim the property of the deceased!!
Please note that Property does not devolve on the basis as to who performed the last rites. But it devolves as per the provisions of Hindu Succession Act.
Therefore, irrespective of the fact as to who performs the last rites of the 75 year old man, please tell everybody that as per Hindu Succession Act, the property will go equally to all the legal heirs i.e. in this case A, B and C.
C will not get anything more than her 1/3rd share just because her son performs the last rights of the old man.
Avinash
(Querist) 28 September 2014
I am extremely sorry anirudh sir for not mentioning information in first post . Thnank u for your valuable information sir .
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
First make sure that this portal is not misused by taking legal advises for wrong doings in a perfectly legal way. Expert Mr. Anirudh has very properly answered to your query. Besides, in the given situation, since C has already got her share registered, the remaining portion of land is still lies in the name of X. If A & B are not registering the same on their name soon, in the event of death of X, C will also be eligible to have share further in the intestate property of remaining 250 sq. yards.
