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RAMESH (EFGH)     02 February 2012

Query on succession as per hindu succession act

I have query on succession as per Hindu Succession Act , as amended to date.

 

Facts : My father has died in Jan’12 intestate, and my mother has predeceased him in 1975. We are four children to our parents two sons and two daughters . The order of birth in terms of age seniority are Daughter , Son , Daughter , Son ( Myself ).

 

The first, Daughter married in the year 1978 ,surviving till date is married and has two married sons, with husband being alive.

 

The second , Son , has died in 2004 , leaving behind his wife and son as survivors. In the year 1996 , by deed of partition duly registered , and executed by him ,myself and my father, he has taken 1/3 rd share of my father’s inherited and earned property , and relinquished all future rights by him or his successors , in the then existing and future property to be acquired by our father .

 

The third , Daughter , married in 1982 , surviving till date is married and has two sons , one of whom is married , with her husband still alive.

 

The fourth , Myself being the last son , am married since 1998 , with a daughter.

 

Query :

a) In view of the deed of partition executed by my brother , in 1996 , does his survivors namely his wife and / or son , have any legal claim on my father’s property.

b) What is the status of claim on share of father’s property by two sisters.



Learning

 3 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     03 February 2012

Dear Ramesh 

Following is reply as per your Query

a) Your and his survivors or dependables have no Legal claim over your father's property 

b) As per hindu succession act amended in 2005 ur 2 sister have an equitable over ur father property 

regards 

Abhijeet

Kishor Mehta (CEO)     03 February 2012

Sir,

The property of your father shall be divided in three equal shares between yourself and your sisters.

Kishor Mehta

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

The property standing in his name as of now will be shared by 3 legal heirs,you & 2 sisters,as your brother had relinquished his rights.


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