Succession of self acquired estate in case of divorced woman

Property of your sister (Hindu female died intestate) shall be governed by Section 15 (1)(d) of Hindu Succession Act, 1956 i.e., heir of her father.

After divorce the former spous of your sister do not have rights in her property. 

However upon the opening of the succession your niece becomes the successor to succeed to the estates of her deceased mother.  

Thus this property belongs to your niece after the death of her mother.

Now upon intestate death of your niece, her own legal heirs, i.e.,  her father whio is living shall be the successor in interest to succeed to estates of the property belonging to your niece.

Therefore you cannot claim the property if her father is alive, and if her fathre is not alive then her father's legal heirs are entitled to succeed to this estate. 

The facts posted lacks clarity. Father is the ntural heir to the niece, in the given facts.

Your mother acquired property and after her, the property devolved to his only daughter who also died.  The daughter also died, her father is the legal heir of his daughter though he divorced his wife.

"now the court is saying that as you don't have any right of filing succession for your sister as Your niece became the Owner of property after your sister death  by operation of law and now succession to be claimed for your Niece and per Hindu law the legal heirs of father is entitled .It means dada and dadi of my niece and not you."

Why dada and dadi and not the father? Is it that the father not alive? If so, when he had expired?

Dear User,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. You cannot claim your sister’s property.

As per Section 15 of the Hindu Succession Act, 1956, the property of a female intestate shall be inherited by:

1. Her son, daughter, and husband

2. The husband’s heirs

3. The mother and father

4. The father’s heirs

5. The mother’s heirs

As per this list, the property of the deceased would go to her daughter only, since she is a divorcee. When the daughter, who was unmarried, dies intestate, her property goes to her mother and father. Since her mother is dead, it would go to her father, irrespective of the fact that her parents are divorced.

Therefore, you cannot claim your sister’s property, as according to the Hindu Succession Act, the father of your niece is the legal heir to this property.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil