Inheritance of property

Guest (Querist) 24 July 2013 This query is : Resolved
Mr. X,a Hindu died in 1987 leaving 2 sons,3 daughters(2 of them were un-married)and wife and children of a pre-deceased son.However, he did not make any WILL.How his properties would devove after his death?Can the members of the family including including daughters make a Family Settlement Deed instead of applying for a Succession Certificate?

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prabhakar singh (Expert) 24 July 2013
repeated query!certain questions were asked but you have not provide instead have repeated the same.

Who is X by religion.?

Guest (Querist) 24 July 2013
Please re-read the question.I have stated that Mr. X was a Hindu.

prabhakar singh (Expert) 24 July 2013
you have just corrected it.i read things keenly; any way the answer is:

When a hindu male dies intestate living behind a widow and 2 sons and 3 daughters and children of a predeceased son then they all would be called class one heirs and shares would equal as widow taking 1/7 each son would be taking 1/7 and each daughter would be taking 1/7 and 1/7 that was to go to predeceased son shall go to his children
as laid down in s.8(a) and section 9 of the Hindu Succession Act"(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule."

Guest (Querist) 24 July 2013
Mr. X died prior to the coming into force of the Hindu Succession Amendment Act,2005.
In view of the above,will daughters in the above case be eligible to claim any share in the property.

prabhakar singh (Expert) 24 July 2013
If it was self acquired property of Mr.X hindu then amendment of 2005 has nothing to do in the matter and answer given is correct.

Guest (Querist) 25 July 2013
Dear Mr. Prabhakar Jee'

Thanks for your comments.

Raj Kumar Makkad (Expert) 26 July 2013
You have not mentioned the nature of the property left without which it was presumed that the nature is self acquired. If you disclose it ancestral then the position as told by Mr. Singh shall be otherwise.

Guest (Querist) 27 July 2013
It was a self-acquired property.

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