Hindu succession act
Santhosh
(Querist) 12 August 2013
This query is : Resolved
Dear Esteemed professioanls,
I have the following query
1) Can a women (hindu) aged 55yrs.inherit her father's property( father expired in 1996.
2) Ftaher has left a will stating all the property should go to his last son who is not well off in life. The will is not registered.
3) the remaining siblings are fighting that their father has not left any will.
4)what would be share of woman is it equal share.
M.Sheik Mohammed Ali
(Expert) 12 August 2013
you are not mentioned aforesaid property is self earned or ancestral property
1. depend upon the deed
2. the will is valid he is real owner of the property, will need not register
3. all the legal heirs have rights to share it
4, which one not in deed can get share.
Dr. Jyothi Vishwanath
(Expert) 12 August 2013
1. if the property is ancestral, then the woman has one equal share. [equal to what her brother gets]
2. if it is separate property, property goes as per will.
3. Provided will is found valid and proved so in court.
Nadeem Qureshi
(Expert) 12 August 2013
the property is ancestral or self acquired?
Rajendra K Goyal
(Expert) 13 August 2013
For ancestral property the daughter will have equal share as son and other legal heirs.
For self acquired property , it will go as per will.
If will is proved invalid, it will inherent as ancestral property.
prabhakar singh
(Expert) 13 August 2013
Your query is ambiguous.
Yet answers to your queries are as follows:
1.a women can inherit her father's property
as per his share in the property along with
other heir's of father when he died intestate.
2.The registration of WILL is not necessary.
Any person can lay down succession about property he owns by a WILL,which once proved shall prevail over personal law of succession.
3.Court shall give answer.
4.The question of women share shall about her father's share in property shall arise only when court does not get WILL proved,and that be equal with other heirs.
