Mr.Narayan & Narmada is husband & wife Mr.Narayan acquired Ancestors property.
& he died on 1984.After that his legalheir ship is
1 wife, 3 sons & 4 daughter.
Now 1985 all property goes name on wife,3son,only2 daughter.
but 2daughter name not filed on land record.
Due to some issue of government scheme.
3 sons & 2 daughter who's name on land record they are give up their right to their mother as per mutation record.
Now 2020 Narmda is died before they die she make will all land distribute to their son.
Now their Daughter making claim as ancestors property.
Please provide explaination
In case a deceased owner of property does not leave behind a will, the legal heirs will inherit the assets as per the provisions of the Hindu Succession Act, 1956 in the prescribed order. The first preference is given to Class-I legal heirs, which include close relatives like parents, spouse, children and their successors. When it comes to each of their shares, sons and daughters, and parents will have equal shares. A spouse too, will be entitled to one share. However, in case there are more than one surviving spouses, they all will share the one portion they are entitled to. Their successors too, will get only one share, which the person through whom they are claiming was entitled to.
When a house has been left without a will, a female heir is entitled to claim a share and stay in the house. However, only the male heir has a right to divide the property and the female heir cannot call for a partition. Despite leaving a will, it’s still necessary for the legal heirs to obtain a succession certificate from the court. It’s the legal document that authorises the person or people obtaining it, to represent the deceased individual for the purpose of collecting debts and securities due to him or payable in his name. For obtaining the succession certificate, an application needs to be made to a magistrate or a high court.
It’s fairly evident that a will prevents a lot of problems from occurring and also ensures the efficient passing of property to the right people.
Regards,
Anaita Vas
