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D S Srinath (service)     10 August 2013

Legal heir claim

We are three brothers and two sisters. The father is still alive. The father had bought a property in his wife's name during 1982. The mother passed away during 2009. The family does not want to sell the property now and there is no sale agreement made for the property.

One of the daughter has claimed the 1/6 th share through a lawyer notice. How do we settle the claim though legal means ?



Learning

 4 Replies

Suri.Sravan Kumar (senior)     10 August 2013

what rights have been conferred on females by the amendments in

Hindu Succession Act in the year 2005?
Ans.
The Hindu (Amendment) Act of 2005 has conferred the following rights on
females:
Equal rights to daughter in co-parcenary property:
a) in joint Hindu family governed by Mitakshara law, the daughter of a
co-parcener shall by birth become a co-parcener in her own right in
the same manner as the son and have the same rights in the co-
parcerary property as she would have had if she had been a son,
inclusive of the right to claim by survivorship and shall be subject to
the same liabilities and disabilities in respect thereto as the son;
b) at a partition in such a joint Hindu family the co-parcenary property
shall be so divided as to allot to a daughter the same share as is
allotable to a son:
Provided that the share which a predeceased son or a
predeceased daughter would have got at the partition if he or she
had been alive at the time of the partition, shall be allotted to the
surviving child of such predeceased son or of such predeceased
daughter:
Provided further that the share allotable to the predeceased child of
a predeceased son or of a predeceased daughter, if such child had
been alive at the time of the partition, shall be allotted to the child of
such predeceased child of the predeceased son or of such
predeceased daughter, as the case may be:
c) any property to which a female Hindu becomes entitled by virtue of
the provisions of clause a) shall be held by her with the incidents of
co-parcenary ownership and shall be regarded, notwithstanding
anything contained in this Act or any other law for the time being in
force, as property capable of being disposed of by her by will or
other testamentary disposition;
However, the aforesaid amendment shall not affect or invalidate any
disposition or alienation including any partition or testamentary disposition
of property which had taken placed before 20
th
December, 2004.

Suri.Sravan Kumar (senior)     10 August 2013

.pl also read this

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 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 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

 

A.SUMATHY 9380902017 (LAWYER)     10 August 2013

Your sister have right 1/6th share. Settle the equvalent amount to your sister and bought her share in your favour.

adv.raghavan (Advocate,9444674980)     10 August 2013

she has all the right either she can go for partition suit, or u people can get a relinquishment deed by paying her due share.


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