Hindu succession act
B S Kainth
(Querist) 28 May 2013
This query is : Resolved
A constructed a property in 1960 out of his own funds
In 1990 A made a will in favor of his son B.
B is only child of A Class 1 legal heir.
A died in late 90’s.
B become the owner of property though will.
B has 1Girl child “C” and 1 Boy “D”.
C got married in late 90’s.
B didn’t partition the property.
C as a girl child claimed her right under Hindu Succession Act 2005 from B.
Is C entitle for her right in A property before B death .
Raj Kumar Makkad
(Expert) 28 May 2013
Yes. C is entitled to inherit the property of her father along-with D in equal share as per HSA 2005.
B S Kainth
(Querist) 29 May 2013
Dear Raj kumar Ji ,
If B son of A and father of C is alive then also C can claim ?
If there is no partition as B is alive and only son of A ?
adv. rajeev ( rajoo )
(Expert) 29 May 2013
Before death of B she cannot claim , because B has got it thru., will which was purchased by his father by his own funds. It is B's absolute property, only after the death of B she can claim
prabhakar singh
(Expert) 29 May 2013
No doubt property originally belonged to A.
But B got it by Will and not by inheritance law.
C or D can not be considered to be coparcener with B.
Hence C or D does not have any claim against B.
Anirudh
(Expert) 29 May 2013
I completely agree with the clear views of Mr. Prabhakar Singh.
B S Kainth
(Querist) 29 May 2013
Thanks
Raj kumar makkad Ji,Prabhakar singh Ji , Rajeev Ji & Anirudh Ji If possible please suggest any citation / judgement .
Is it true that amendment shall not affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken placed before 20th December, 2004
Anirudh
(Expert) 29 May 2013
There is no need for quoting or citing any judgment for the rudimentary proposition which Mr. Prabhakar Singh expressed.
Shashikant V. Patil
(Expert) 29 May 2013
Agreed with all above experts. I would like to add few :- During lifetime of B, C & D cannot claim until he (B), executes partition, Will deed, otherwise after the death of B , it will be devolve by succession to C & D.
Raj Kumar Makkad
(Expert) 29 May 2013
If B has died then his inheritance shall go in favour of his legal heirs viz. C & D. What is doubt in this legal proposition and settled law?
Guest
(Expert) 29 May 2013
Question of claiming share by C from her father B under Hindu Succession Act does not arise during the life time of B.
malipeddi jaggarao
(Expert) 30 May 2013
Query is clearly resolved. During the life time of B nobody can claim any share. As he acquired the property from A through Will, B is the absolute owner and he can deal with property as he wishes during his life time. Succession will come in only when B dies intestate without executing any Will.
