Succession

Hi Mr. VAIDYA,

Assuming the property in question is ancestral and that the family in question is a Hindu Undivided Family (HUF) I address this query :

“On and from the commencement of the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener shall, by birth, become a coparcener in her own right in the same manner as the son…”

In your present case, the daughter (i.e., the mother of the claimant) died in 2004, prior to the amendment and also prior to the death of her father (the grandfather).

However, the right of inheritance is governed by succession law as it stood at the time of the grandfather’s death, i.e., 2007, after the 2005 amendment came into force.

Under Section 15 and 16 of the Hindu Succession Act, and as per the doctrine of representation, the legal heirs of a predeceased daughter (i.e., her children) are entitled to inherit her share in ancestral/coparcenary property as she would have inherited, had she been alive at the time of partition or the death of the coparcener.
This principle has been recognized by the Hon’ble Supreme Court in (2020) 9 SCC 1, wherein it was held:
“The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not at the time of the amendment. The right is by birth.”

Now, since the grandfather (coparcener) died after the amendment (in 2007), the law as amended in 2005 will apply.
 • The predeceased daughter (the mother), had she been alive in 2007, would have become a coparcener and entitled to a share.
 • Therefore, her daughter (i.e., the granddaughter of the deceased coparcener) is entitled to succeed to her mother’s share, by virtue of the doctrine of representation.

Please connect me at adv.vishesh@icloud.com to discuss this further

Whether the daughter was predeceased or died after her father's death, if the property belonging to her father was left behind intestate then the daughter is entitled to a legitimate share as a right which shall devolve upon her own legal heirs on her intestate death.

Yes, as it is her ancestor's property, she has an equal right over her mother's share with her mother's legal heirs.

Thank you so much Sir for brief explanation. It will be very helpful to me.

Does this means daughters daugter get additional share or just mother's share

Daughter's daughter ( grand daughter  ) can claim her mother's share in grand father's property and can't  claim any additional share. 

Approx Birth year of Dad is 1937
Dad's first expired before 1979
Dad got married second time in 1979 to my Mom - date is not accurate
He had daughter from first wife she was three when her mother expired
Our sister expired in April 2019 and dad expired on 7th December 2020
Now we are as follows

1. My Mom Second wife
2. Me
3. My brother
4. Sisters daughter - 3 

Sister's -3 daughter are claiming - 50% of property

Originally posted by : Nikesh Sharma
	Approx Birth year of Dad is 1937Dad's first expired before 1979Dad got married second time in 1979 to my Mom - date is not accurateHe had daughter from first wife she was three when her mother expiredOur sister expired in April 2019 and dad expired on 7th December 2020Now we are as follows 1. My Mom Second wife2. Me3. My brother4. Sisters daughter - 3  Sister's -3 daughter are claiming - 50% of property

Please post the query in a fresh thread.