Post deceased daughter's sons eligibility
ramakrishna.r.b
(Querist) 07 January 2015
This query is : Resolved
Dear All Experts,
HAPPY NEW YEAR 2015 TO ALL OF YOU.
My mother has got SELF-ACQUIRED Property in her name as she has purchased that property. She died INTESTATE in the year 1996. My father expired before my mother expired in the year 1994. Now we are selling her self-acquired Property. The problem now is the right of share in my mothers property. We are 6 children to my mother, 3 daughters and 3 sons. all are married.
2nd DAUGHTER (of my mother) DIED in the year 1999 AFTER MY MOTHERS DEATH AND SHE HAS GOT 2 MALE CHILDREN and her husband only. Her First Son got married and he has got a kid. When we sell our mothers Property the sale proceeds should be distributed equally for all children.
Will my mothers 2 Daughter stated above who died after my mothers death also gets a share ? As the Hindu Sucession Act says only about pre-deceased and not POST DECEASED.
If my mothers 2nd Daughter gets a share, then how that particular share has to be distributed among their family members ?
Please give me proper advice as we have to distribute the sale proceeds when the sale takes place in couple of days.
regards
Anirudh
(Expert) 07 January 2015
You have raised a very pertinent question.
Please tell me, on the date of death of your mother, those two sisters were alive or not?
If alive, are they entitled to get their share as on that day or not?
That is the criteria and not whether the legal heir had died post death of the person whose property is to be shared.
(Assume for a while, that the property does not get partitioned and in the meanwhile one of the Sons die, whether his sons/daughters will get the share or not or you will treat that since the son died after the death of the mother he or his sons/daughters are not eligible for a share?)
You have to give the share of the second daughter who dies after your mother's death. How that property will get shared by her family members is there botheration and not yours.
I think this answers your query.
Guest
(Expert) 07 January 2015
Dear author,since there is No Question of any Will All the Six children the Six legal Heirs would be Entitled to get Six Equal Shares.In case of the Deceased Legal Heirs the Family Members who are their Legal Heirs would get the Shares Equally Shared among them selves. Since you had decided to Sell the Property there is No Question of any Partition and the Sale Deed to be Signed by all the Legal Heirs of your mother and in the case of Deceased Sisters their Legal Heirs would be Entitled to Sign the Same.Consult Your Local good Advocate.
ramakrishna.r.b
(Querist) 07 January 2015
Sirs,
If that is so why the law specifically says pre-deceased daughters sons/daughters should get a share. The law would have stated simply deceased daughters sons/daughters will get a share. Can you pls clarify me about this.
ramakrishna.r.b
(Querist) 07 January 2015
Every time the law says pre-deceased so many times . Where is the question of stressing pre-deceased every time if pre or post deceased children can get a share ?
Guest
(Expert) 07 January 2015
It should be Taken as In Case of Pre-Deceased.
ramakrishna.r.b
(Querist) 07 January 2015
Sir,
You said It should be Taken as In Case of Pre-Deceased can you please quote the section under which it says so. Please do not mistake me. I am not questioning your capabilities. I want to know as I am very enthusiastic please.
Anirudh
(Expert) 07 January 2015
In that case why even 'deceased' - ordinary daughter / son would have sufficed.
If simply 'daughter/son' had been mentioned, a doubt may arise, how a pre-deceased son/daughter would be in a position to inherit when they are not alive on the date of death of a person whose property has to be shared. (In other words, all the sons/daughter who are alive on the date of death of the person whose property is to go by way of inheritence, are entitled to a share in the property. Their subsequent death will not alter the situation. In those cases, the property would be deemed to have inherited by the post-deceased sons/daughters and that will be further inherited by such deceased son/daughter's legal heirs).
That is why there was a need to mention "pre-deceased" and not about "post-deceased".
You may even ask a question what would be the position if both the mother and a daughter had died "simultaneously" (for example as in the case of AirAsia crash)?
The law presumes that the elder died first. Therefore the daughter though might have died simultaneously, she is supposed to have expired subsequent to the mother and not prior to her.
ramakrishna.r.b
(Querist) 07 January 2015
Sir,
Please do not mistake me , I am not convinced .
Anirudh
(Expert) 07 January 2015
Dear Mr. Ramakrishna,
There is nothing to be mistaken here.
IF YOU ARE DETERMINED NOT TO GET CONVINCED, NOBODY CAN CONVINCE YOU.
Since you sought clarification, I gave. But whatever I say here need not be accepted by anybody, including you. That is perfectly OK with me.
Anirudh
(Expert) 07 January 2015
Dear Mr. Ramakrishna,
According to you, when does the inheritance opens up? On the day when the person dies or some other date?
Kumar Doab
(Expert) 07 January 2015
You have clarified in your very first post that:
The property is self acquired and self earned too and 2 of the daughters (your sisters) died after the death of your mother………….and Her husband (your father) died before her (your mother)..
It is believed that the owner was Hindu......
The property of a Hindu Female dying without leaving a WILL shall be distributed Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband……………..
The succession has opened on the death of the owner (your mother).
The property shall be shared as per personal laws applicable to the owner of the estate that has died.......as on date of succession
Rajendra K Goyal
(Expert) 07 January 2015
Deceased daughters have share in the property of mother in this case.
