Hindu succession act related
Querist :
Anonymous
(Querist) 27 February 2018
This query is : Resolved
sir,
My friend died in 2010.He left behind his wife and two daughters.
He also has four married sisters and a married brother.
his mother is alive but his father expired in 2001.
The daughter in law is now seeking share in her in law's property.
1.one property is family/ancestral property(through husband's father)
2.The other one is a house acquired by her mother in law.
[The property was purchased by her mother in law in her name from a govt housing corporation in installments through finance support from her brothers and father which is registered in mother in law's name in 2008, 7 years after her husband's death(father in law's death occurred in 2001)]
sir,whether the daughter in law can get any share in,
(a) Share in her husbands ancestral property and what % of share?
(b) Share in her mother in law's property and what % of share
please advise.
Vijay Raj Mahajan
(Expert) 27 February 2018
No share in the property of the mother in law who is still alive as its her self acquired property.
The property of the deceased father in law is stated to be ancestral in nature hence the deceased husband of the daughter in law had share in it that will pass on to the daughter in law and her children. The two daughters (by virtue of the Hindu Succession Amendment Act, 2005) of the daughter in law too will have share each in the ancestral property that too will go to them.
The exact share that will go to daughter in law and her two daughters will be calculated after identifying all the coparceners in the Hindu family.
Kumar Doab
(Expert) 27 February 2018
You have not posted which personal law applies in said matter as in query.
Are all involved Hindu? Or relate with provisions of personal law that applies…
The deceased Hindu male ( your friend) has 2 daughters and has surviving wife and mother as per your post.
You have not posted that he had one son however you have posted that daughter in law is demanding share….
Thus he should have atleast one son. The son is alive?
You have not posted son and daughter in law have 2 daughters.. Do they have 2 daughters?
Confirm!
Kumar Doab
(Expert) 27 February 2018
Since Hindu succession has been referred to by this above guy and you seem to be agreeing by not declining IT therefore IT is believed that all involved are Hindu………….
It is not clear where from this above guy has noted that daughter in law has 2 daughters…….
Or you have modified the query.
Succession opens on date of death..
Central Government Act
The Hindu Succession Act, 1956;
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter— (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
10. Distribution of property among heirs in class I of the Schedule.
https://indiankanoon.org/doc/685111/
Kumar Doab
(Expert) 27 February 2018
Simply said; In case of Hindu male that died without leaving a valid WILL and disposing his self acquired estate/property in his life time: the 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………….
Thus the self acquired property of deceased Hindu male (your friend) shall devolve equally upon; surviving mother, wife, 2 daughters and one son (assuming that he has one son)…or 1/5th for all…
Since ClassI legal heirs are present ClassII legal heirs e.g; 4 married sisters and a married brother shall not get any sare from his self acquired and ancestral property.
The property that devolves by inheritance, from brother’s side is of nature self acquired.
If is son has pre-deceased your friend or deceased after him/ is not live and if his son has not disposed his self earned/acquired property in his life time by a valid deed then his son’s share (say 1/5th) from his father ( your friend)+ his own property ; shall devolve equally upon his ClassI legal heirs; Mother (alive as per your post), Wife (alive as per your post), sons, daughters………….
Daughter in law has no forced share in husbands self acquired property.
Daughter in law is not Co-parcener in ancestral property of husband.
Daughter in law has NO forced share in self acquired/ancestral property of parents in law.
If her husband (son of your friend) has deceased then his estate devolves upon his ClassI legal heirs as already posted. His wife can claim right to reside alongwith her children (if any) in her husband’s estate/property. If he is alive he holds the self acquired/ancestral property…
Kumar Doab
(Expert) 27 February 2018
Ancestral Property; should be four generation old…………i.e Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, or acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter. Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
If partitioned by valid/registered partition deed the ancestral property may lose IT’s ancestral character…
So confirm if the said properties of your deceased friend were indeed ancestral or not.
Since mother in law (wife of your deceased friend) is alive she holds her self acquired/absolute properties…
Obtain copy of mutations records with all link docs starting from Father of your grandfather to the current date and preferably approach with copies of docs a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and having successful track record in such matters and……………….worth his/her salt..for a considered opinion……on options and merits in each option.
Kumar Doab
(Expert) 28 February 2018
Hope you are satisfied...
For any more queries pls post with your ID and not as AQ....
Ms.Usha Kapoor
(Expert) 01 March 2018
I agree w9th Vijay Raj Mahajan and Mr.Kumar Doab.
Kumar Doab
(Expert) 02 March 2018
Thanks for agreeing Ms. Usha Kapoor.
Dr J C Vashista
(Expert) 03 March 2018
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