Jhinuk 04 November 2015

Inheritance of mother's property by the daughter

My grandmother passed away 20 years back as widow leaving behind a house in her name (purchased in her name by my grandfather). My mother had 4 brothers including one step brother. Now 3 brothers including the step brother passed away, my cousins are there. My mothers' family now want to share the property left behind by my grandmother i.e. the house. Yesterday there is the new SC judgement on 2005 amendment and its effect in retrospect. It, as we all know says, if father passed away prior to 2005 daughters will not get share in father's property as then 1956 Act will be applicable. Now as this property is in the name of my grandmother and not grandfather how and if at all will that affect my mothers' inheritance given the SC verdict ? What can she do? Secondly question is raised in the family whether children (adult) of the stepbrother will have any share on this house as the property belonged to his stepmother. Any suggestion is much appreciated Thank you

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Kumar Doab (FIN) 04 November 2015

As per your post:

The property is owned by deceased Hindu female.

The property is acquired from her husbands side. (Although you have not clraified how the property was acquired from her husband say gift deed etc).

The inheritance shall be accordingly and is clearly described in Hindu Succession Act.

Amongst children the first right should be of children born thru her womb.

Kumar Doab (FIN) 04 November 2015

The owner of the property that has died is Hindu Female. In case of Hindu female the rules are set :If the property is self acquired or acquired from her husband or acquired from her parents. Therefore first determine the how the property was acquired and accordingly look into who will be successor.

Jhinuk 05 November 2015

Thank you so much. The property was purchased in her name by her husband. The papers are in her name, yes she ws Hindu widow. So it was her property not inherited directly purchased. In light of new SC judgement will her married daughter have a share? Seems daughter will have no share on the property which belonged to the father as the father passed away before 2005. Now If the property belonged to the mother, who also died before 2005, would there be a share secured for the daughter?

Jhinuk 07 November 2015