Right of mother and father in daughters property
s.krishnan kutty
(Querist) 03 November 2013
This query is : Resolved
Daughter and her only son died in an accident.accident claim 9lakhs received by her husband who married another girl.now her mother and father demands the entire claim amount as the son in law married another girl and their daughter do not leave any issues.please let me know her father and mothers rights on the accident claim .yes.my query is what VENU sir said.the death was on a vehicle accident.her father and mother do not join the claim suit.son in law receved 9 lakhs the full claim amount.now father and mother claim a share from son in law.will they succeed?
ABDUL RAZIQUE
(Expert) 04 November 2013
As per my knowledge, there is no vise versa rule for claim in property of deceased daughter who has not leaving behind any heir, but if the property stand on the parental paid amount then the parent of deceased may claim against the property.
Rajendra K Goyal
(Expert) 04 November 2013
Hindu Succession Act section 15 states:
15. General rules of succession in the case of female Hindus
(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;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-deceased son or
daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon
the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall
devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased
son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified
therein, but upon the heirs of 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’s 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.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own
children alive at the time of the intestate’s death, the children of such son or daughter shall take
between them the share which such son or daughter would have taken if living at the intestate’s death.
Rule 3-The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e)
of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the
same rules as would have applied if the property had been the father’s or the mother’s or the husband’s
as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
P. Venu
(Expert) 04 November 2013
The query, it appears, is not regarding the rights of the parents on the property of the deceased daughter, but whether the parents are entitled for compensation for the death of the daughter (and the grandson) in an accident (may be, motor vehicle accident). In such cases, compensation is payable to all the legal representatives, icluding the parents of the deceased.
V R SHROFF
(Expert) 04 November 2013
Remarried HUSBAND is also a HUSBAND of their daughter.
She was WIFE, at the time of accident.all LR , heirs can claim
ABDUL RAZIQUE
(Expert) 04 November 2013
Agree with R. K.goyal, P.Venu and Shroff sir, Nothing more to add.
Thyagarajan
(Expert) 04 November 2013
As the award will be given by a tribunal going through the case of accident on claim , the judge will decide on claimant's right. If it was due to negligence of the deceased the accident occurred may be there will be no award.
I agree with Expert Shri P.Venu ,that parents if dependent on daughter , may have a claim if awarded
