Woman share in father's self earned property
Rahul Haldia
(Querist) 08 July 2013
This query is : Resolved
My mother died in 1941
My Nana died in 1949 (intestacy)
My Nani died in 1962 (intestacy)
My mother and my mama were two children of my nana.
We are originally 4 brothers and 1 sister but my eldest brother was adopted by my tau ji in 1951.
Now there is a partition of my nana self-acquired property in between their grand sons and daughters.
Please let me know about my share in the properties of my nana and how much is my share?
Advocate M.Bhadra
(Expert) 08 July 2013
No,you have no right over the property.
Mother died before Act passed, so no inheritance share for son: High Court:--
Legal heirs cannot claim a mother's share in her ancestral property is she died prior to enforcement of the Hindu Succession (Amendment) Act, 2005 that gives equal right of succession to daughters, the Bombay High Court has ruled. In the important ruling, the court recently held that equal rights of succession to daughters under the amended legislation cannot be applied retrospectively to daughters who expired before the Act was enforced.
adv. rajeev ( rajoo )
(Expert) 08 July 2013
In the self acquired property you have no rights, because he had right to dispose his self acquired property according to his wish and will
Rahul Haldia
(Querist) 08 July 2013
It was not an ancestral property. We are just asking our mothers share from her father's self earned property. Kindly examine this.
2. My mothers father died intestacy. He had every right with his self earned property but after his death who will enjoy the benefit of this property?
Advocate Ramesh
(Expert) 09 July 2013
Since your mother expired before your nana. Your mother is not having any rights in that property. If your mother is unmarried at the time of your nana expired , then only interest is created. Even that also till marriage. So Your mother will not get any share at all. So you will not claim for that.
Rahul Haldia
(Querist) 09 July 2013
Ok. At the point of my Nana death there were only two claimants i.e. my Mama & my Nani. My Nani got 50 % and my Mama got 50% shareof my Nana’s property. At that time my Nani had the right for her maintenance only but she cannot sell or transfer the property. But after 1956 she got full right on her property. On her death i.e. 1961 there were two claimants i.e my Mama and my mother,since she died therefore we should get 50% share of my Nani property. Please guide.
Dr. Jyothi Vishwanath
(Expert) 11 July 2013
Yes you are entitled to share in the 50% of your mothers share in the nani's property.
Since your elder brother is adopted, he will not take any share.
So remaining three brothers including you and one sister = 4 persons will take 1/4th share each in the 50% allotted to the mother.
Rahul Haldia
(Querist) 11 July 2013
Thanks a lot to all of you to guide me. I will contact you next month as I am out of station and my age is not permitting me to contact you immediately.
prabhakar singh
(Expert) 25 July 2013
Why not to think when did succession open????????
In 1949 when absolute owner died;
or
In 1961 when limited interest owner becoming absolute due to operation of HSA died?
The accepted position under the Hindu law is that where a limited owner succeeds to an estate the succession to the estate on her death will have to be decided on the basis that the last full owner died on that day.
If, therefore, succession opens and is to be decided on the basis of the last full owner dying on the date of the death of the limited owner it is only the law in force at the time of the death of the limited owner that should govern the case.
