Hindu succession act
ASHOK YADAV
(Querist) 11 February 2014
This query is : Resolved
My father (belong to Hindu religion) having two sons and one daughter has inherited certain immovable property (agricultural and residential) property in Haryana. However his one married son (my brother) died in the year June 1994 and born one daughter In December 1994 after his death. His widow has settled as live in relationship with my cousin brother and daughter was living with them. Daughter has attained the age of majority and also married now.
Further my mother has purchased certain immovable property in her name from his own sources of income before the death of his son as above.
In the year 2007 my father has transferred the inherited immovable property in the name of remaining Son and Daughter by way of release deed (degree) and my mother transferred by way of gift the immovable property in favour of his grand sons in 2010.
In view of above facts my querry is as below:
1. What is the legal share of daughter born from my deceased brother who is also now married in the inherited immovable property which has been transferred by my father in favour of me and my sister through release deed (degree).
2. What is the legal share of daughter born from my deceased brother who is also now married in the immovable property which has been transferred by way of gift by my mother in favour her grandsons.
Devajyoti Barman
(Expert) 11 February 2014
1. if it is ancestral then she has share in it.
2.He share will be qual with other legal heirs.
Rajendra K Goyal
(Expert) 11 February 2014
On the basis of given facts in the ancestral property she has share in the property. (If total LH of father - 2 Sons + 1 Daughter + mother Total 4 each entitled for 1/4 th share). Daughter of deceased brother (2 LH mother and she herself equal of 1/4 th) would get 1/8 th of property.
