Dear all,
my self neeraj arya, Pvt empl in Lucknow
my query is.
1.my mother age 50 married want to file suit on his single elder brother for her parental agriculture land and house.
2. her brother age 53 married have lawfully adopted one girl child age 16
3. her mother died on age 55 and father died when my mother was on age 7 year
For the parental house
The Hindu succession amendment act which came into force in 2005 governs the aspect of property inheritance and applies to the hindu, budhist, jains and sikhs who have died without a will. As per the act, If a person dies without writing a will (an intestate person), then his property is equally divided between all his children regardless of their gender. The Section 6 of the act gives the daughter equal rights and liabilities in coparcenary property i.e.both mother's or father's property. ( parental property) as the son. The daughter is alloted an equal share as to what the son would have been entitled to.
The Indian succession act governs those cases of inheritance wherein a will has been made. In those cases, the property is divided as per the testament or will.
However the section 6 of hindu succession act granted equal status to those women whose fathers were alive when the amendment came into force on 9th September. However, the SC in
Vineeta Sharma vs Rakesh Sharma case (August 11 2020), held that daughters whose fathers died intestate before the amendment date also have equal rights over the property. The equal right of daughters over their parental property arises right from their birth.
To initiate the legal claim, the women is required to have a legal heir certificate (which can be made from taluk/ tehsil / municipal Corporation after duly filling and submitting the legal heir application form along with the requisite documents.) Or a succession certificate ( can be made from civil court.)
Agricultural land
The Hindu Succession Act, 1956 brought in reforms enabling Hindu women to succeed to intestate immovable property. But Section 4(2) kept agricultural land out of the purview of the Act. This Section was repealed by the 2005 amendments made to the Hindu Succession Act. Interests in tenancy land devolve according to the order of devolution specified in the tenurial laws, which vary by state.(i) in the southern and most of the central and eastern s tates, the tenurial laws are silent on devolution, so inheritance can be assumed to follow the ‘personal law’, which for Hindus is the HSA. (ii) In a few states, the tenurial laws explicitly note that the HSA or the ‘personal law’ will apply. But (iii) in the northwestern states of Haryana, Punjab, Himachal Pradesh, Delhi, Uttar Pradesh, and Jammu & Kashmir the tenurial laws do specify the order of devolution, and one that is highly gender-unequal. Here (retaining vestiges of the old Mitakshara system) primacy is given to male lineal descendents in the male line of descent and women come very low in the order of heirs. So in states like UP, it is not that daughters do not inherit parental agriculture land. Daughters can be made as primary heirs in the tenurial laws.They inherit them but they are low in the order of succession.
But for succession to agricultural land, in cases where there is no will, married daughters only inherit if there are no 1.widows, 2.male lineal descendants, 3.the mother and father of the deceased or an 4.unmarried daughter.
