Kanti (abc) 12 February 2013

Query on property rights

Hi,

I have the below 2 questions:

1) Person A has wife, son and 2 daughters and they are all from Hindu family. Son and Elder daughter are married. Youngest daughter went away from home leaving a note that she got married with her Love. Person A dies, where as the house he is staying is on Wife's name. Now, who are the Legal heirs? And Can the Mother register the property to Son without Younger Daughter's signature in it? If yes, is that a valid registration? Can the Younger daughter file a case later point of time?

2) Person A has Father, Mother, Wife, Son & Daughter. A's Father has a house and Agricultural Land. Who are the legal heirs in the case that Father and Mother are dead? Can the Daughter or her Husband file a case against anyone in the family about the right on any of the properties above?

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1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 February 2013

1) If the property was held in widow's name - She is the absolute owner for all purposes and can deal with the property as she likes, however if it can be proved that the property belong to joint family and widow was holding it for benefit of everyone in a fiduciary capacity then in that case it can get impressed with character of coparcenory property a daughter being a coparcenor can lay a claim to that.

2) Widow/Son/Daughter/Mother of a Hindu Male are his class I legal heirs taking the property equally post death.

Good Luck !

Bharat Chugh

*www.advocatebharatchugh.wordpress.com