SUMIT GADHAVE (ACCOUNTANT) 28 February 2020
G.L.N. Prasad (Retired employee.) 28 February 2020
If the father has built that house with his own money (self-acquired by him), irrespective of his date of death, daughter is having the right to claim a legitimate share and the facts/circumstances on records like the will of deceased, etc may play a part in determining the claim on such rights after 15 years.
SUMIT GADHAVE (ACCOUNTANT) 28 February 2020
Dr J C Vashista (Advocate) 29 February 2020
Whether the deceased left the property intestate ?
Daughter(s) have equal right as that of son(s).
Dr J C Vashista (Advocate) 29 February 2020
It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts/ record, professional guidance and necessary proceeding.
P. Venu (Advocate) 29 February 2020
Please post material facts as to the title of your father to the property.
SUMIT GADHAVE (ACCOUNTANT) 29 February 2020
SUMIT GADHAVE (ACCOUNTANT) 29 February 2020
P. Venu (Advocate) 29 February 2020
The facts posted suggest that the property is self acquired, not ancestral. On the death of the grandfather the property is jointly vested with your father and his sister.
SUMIT GADHAVE (ACCOUNTANT) 29 February 2020
P. Venu (Advocate) 29 February 2020
What you are referring is the amendment to HSA. Prior to this amendment, the women were not considered to be coparceners in ancestral property ( i.e. the property which has not been common holding for more than four generations without partition).
The property in the instant case is the self acquired holding of your grandfather. After his death, the property if left intestate (i.e.without making a Will) would be jointly vested with the legal heirs.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
