Hindu succession law
sripratap
(Querist) 13 August 2013
This query is : Resolved
My mother was simple housewife expired in 2002. She has left behind my father, two unmarried daughters employed in Govt. deptt., a married daughter and a son. She had a land cum house on her name which was purchased/built by my father by his entire life savings. After the death of my mother, when my father applied at Nagar Mahapalika to get the house on his name, my sisters objected and they now want to get this house on their name. I have no objection to get this house registered on my father name. My father's age is 80 years now. Kindly advise the remedy or who will be the owner of the house as my father is paying the house tax on my mother name till date.
prabhakar singh
(Expert) 13 August 2013
As the house was in mothers' name and she died intestate,no matter from whose saving it was built,and who has been paying taxes,it would be equally shared among her husband, son,and three daughters 1/5th each.
You are too late now otherwise a will by mother in name of father could have solved the problem.
Rajendra K Goyal
(Expert) 14 August 2013
Sisters along with brother and father have share in the property left by deceased mother who died intestate. agree with the expert prabhakar singh ji.
sripratap
(Querist) 14 August 2013
Whether Section 23 of Hindu Succession Act, 1956 will not apply in this case wherein it is stated that female heirs cannot claim part of house in their favour. kindly advise.
prabhakar singh
(Expert) 14 August 2013
You are trying to drink wine from an empty bottle.
Who are YOU?
Advocate?
Still YOU are fond of law repealed and omitted by section 4 of Act NO. 39 OF 2005.
Guest
(Expert) 14 August 2013
Prabhakar ji,
His mother expired in 2002. Has the position not to be seen in the light of the unamended HS Act, as applicable prior to 2005?
prabhakar singh
(Expert) 14 August 2013
DHINGRA jI!
Under Hindu Succession Act of 1956,any property held by her on or after the date of enforcement of this Act became/becomes her absolute property under section 14.
And succession thereof is governed by sections 15 & 16.
Under 15 (1) "The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband."
"16. Order of succession and manner of distribution among heirs of a female Hindu. -
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate property among those heirs shall take place according to the following rules, namely:-
Rule 1 .- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously."
I HOPE NOW IT IS CLEAR TO YOU THAT LIKE HUSBAND AND SONS ,DAUGHTERS ARE ALSO PREFERRED HEIRS OF MOTHER.
AS regards to section 23repealed W.E.F.9-9-2005,WAS SIMPLY A DISABLING PROVISION, WHICH disentitled female heir from asking for partition in respect of a dwelling house wholly occupied by a joint family until the male heirs choose to divide their respective shares therein. It is also proposed to omit the said section so as to remove the disability on female heirs contained in that section.
Post to its'REPEAL females are now entitled to ask partition,a right of partition that was not enforceable at the instance of females can now be enforced w.e.f.9-9-2005.
I HOPE EVERY DOUBT IS WASHED.
prabhakar singh
(Expert) 14 August 2013
DHINGRA JI!
Are you still not convinced.
What I said that females(daughters of deceased mother)had share even when section 23 was not repealed only their right to ask for share in dwelling was dependant on males
shares asking partition,which by repeal is over and now after 2005 they can ask for partition directly.
So querist is in confusion.
Guest
(Expert) 14 August 2013
Prabhakar ji,
I shall analyse the peculiarity of the issue at my spare time to form some view.
