Right of a daughter to property under hindu successsion act

Querist : Anonymous (Querist) 29 October 2011 This query is : Resolved
dear sir,

our father died in 1940 intestate. he had urban and rural self acquired property.

he is survived by us, we four sons and a daughter who got married in 1964.

the daugthter has claimed her share in the property.

only the names of the four brothers are put in the land records.

our query?

is the daughter entitled to her share of property and if so how much

pl enlighten

vinay kala oct 29,11

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Raj Kumar Makkad (Expert) 29 October 2011
Your sister is not entitled for any share because in 1940, no share could have been inherited by daughters.

Ravikant Soni (Expert) 29 October 2011
no, she is not.. because Hindu succession act was not come into force at that time. And before this act Hindu succession was based upon customs, by virtue of them no share could have been inherited by daughters.

prabhakar singh (Expert) 29 October 2011
As your father died in 1940 living behind him his self acquired properties as per law applicable at then his property would be inherited by his 'sapindas' recognized as heirs at that point of time which include SONS and grand son whose father has predeceased and a great grand son whose both father and grand father have predeceased BUT as it is a case of 1940,your mother[if survived at the death of your father] also inherited your father due to being widow whose rights were recognized after 14 th April 1937 due to enactment of THE HINDU WOMEN'S RIGHTS TO PROPERTY ACT XVIII OF 1937 AMENDED BY XI OF 1938[came in force w.e.f.14 th April 1937].
So in case all sons of your father were alive and your mother was also there then
these would be the heirs in law to succeed
your fathers property BUT NOT YOUR SISTER[s].

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