Hindu succession act is applicable to self acquired property
2) on demise of mother intestate property would devolve on her husband and children
Does the Hindu Succession Act apply to individual property
If a mother is gifted a property from the father-in-law, it then appears that the property has changed its nature to an individual and separate property. Subsequently upon the passing of the mother intestate, who will her property devolve upon? I would like to also particularly ask if the Hindu Succession Act is applicable to self-acquired property, as one of the daughters is considering to file a suit for pre-emption under section 22 of the Hindu Succession Act in the said property. Please advise.
Asked 3 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
1. A property which an individual receives through a gift deed becomes his separate property which is at par with self acquired property for all legal and practical reasons.
2. On her intestate demise the property will devolve firstly on her husband and children.
3. HSA is applicable to self acquired property by virtue of Section 8.
Hindu succession act is applicable to all Hindus. The mother was gifted a property nd she died intestate. The property will devolve upon the legal heirs of the mother ie her children. If the gift deed is valid then all the children have an equal share.
The property gifted to mother acquires the character of ancestral property after her and devolves upon heirs in the following order under Section 15 of Hindu Succession Act…
- Firstly, upon the sons and daughters and husband.
- Secondly, upon the heirs of the husband.
- Thirdly, upon the mother and father.
- Fourthly, upon the heirs of the father; and
- Lastly, upon the heirs of mother.
After the death of owner of property it becomes ancestral during lifetime Rules of succession will not be applicable to such property. A suit of pre-emption can be filed only if the owner is deceased.
Yes, the suit for partition by daughter's us maintainable if the mother had died intestate.
The particulars of this situation are:- 1) Property was gifted to the mother by her father-in-law vide Gift Deed in 1950s. 2) Mother died intestate in 1995. Her husband had already passed away earlier. 3) Three legal heirs of mother: two daughters and one son 4) Mother had filed case for eviction of tenant in the said property in the 1980s. 5) Children are all three pursuing the case for eviction, whose appeal is still pending 40 years later. Did the two daughters have a claim in the said property since the mother passed away before 2005? Also, is the daughter allowed to file under Section 22 of the Hindu Succession Act for Preferential Right to Purchase Property (Pre-Emption) against the son in this scenario?
Asked 3 years ago
As the property belonged to the mother via a gift deed, after her the mother's children are equally entitled to the property because it the mother's self earned property and daughter's have a share in it from 1955.
2 daughters have equal share in property
since father predeceased mother on mother demise all 3 children will have equal share in property
Hindu succession act is applicable to self acquired property of a Hindu female. On demise of mother her legal heirs (Class 1 Heirs :- husband and children ) become the absolute owners of all the property.
Her two daughters and son have equal right over the property and they become the additional petitioners in the pending cases.
Daughters have right over the property of mother .
As per latest Supreme court judgment daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005.
The Hindu Succession (Amendment) Act, 2005 which came into force from September 9th September 2005 removed the gender discrimination by giving equal rights to daughters as sons. In the light of amended act a daughter can claim equal share in parental property irrespective of when she was born and if her father was alive or not at the time of the 2005 amendment to the Hindu Succession Act. The daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.
- Since, the property was received by the mother by way of gift deed , then after receiving the same it will considered her self acquired property .
- Further , if mother died intestate , then the property would be devolved upon all her legal heirs equally i.e. her husband if alive , and children equally , i.e. two daughters and son will have 1/3 share .
- Hence, daughters can claim her right over the property.
The section 22 of the HSA refers to Preferential right to acquire property in certain cases.
If the father in law had transferred his property to his daughter in law by a registered gift deed, then it becomes her own and absolute property.
Subsequently in the event of the death of the daughter in law and if she is reported to have died intestate then the property left behind by her shall devolve equally on her own class I legal heirs.
In the absence of any class I legal heirs then this property shall devolve on the heirs of her deceased husband since she acquired the same from her father in law i.e., from the side of the husband.
Therefore if any other person is claiming a share in the property other than the class I legal heirs, then the class I ;legal heirs can challenge the same properly as per the provisions of law of succession.
The property devolved on the mother after it was transferred to her name by a registered deed.
Thus upon her intestate death the property shall automatically devolve on all her class I legal heirs equally.
Therefore the daughters can claim their legitimate share in that property as a right. The petition filed by one of the daughters under section 22 of the HSA praying Preferential Right to Purchase Property (Pre-Emption) against the son in this scenario is also maintainable.
1. The 2005 amendment relates to only and only ancestral property, not self acquired or separate property. It has no application here.
2. Section 22 has no application either in this case as the devolution of property of a Hindu female dying intestate is not according to the 'schedule'.
whether the property was the self acquired property or ancestral property of the father in law of your mother [i.e. your paternal GF] needs to be determined
in 1950 the Hindu law was not codified
the law got codified only in the year 1956 when the Hindu Succession Act came into force
i presume that the property was transferred by way of gift by a registered gift deed
had it been an ancestral property then the other coparcenors of the HUF would have by now challenged the said gift deed
however it appears that the gift deed is not challenged
so i presume that the property was the self acquired property of your GF which he transferred to your mother by way of gift
thus when your mother died in 1995, that property would devolve on her legal heirs who are her children
so it would not matter that the mother passed away before 2005 which is the year when the daughters were given equal coparcenory rights in ancestral property like the sons
in your case it is self acquired property and NOT devolution of a coparcenor's share in an ancestral property
thus the intestate succession will apply and the property would devolve on the legal heirs of the mother
if your siblings are willing to transfer their share in the property, then you can obviously exercise the right of pre-emption u/s 22 of HSA by filing an application in the Court
Dear sir/ Ma'am,
1.the gifted property becomes the self-acquired property of your mother
2.the property will devolve upon all three children, and all have an equal share in it.
3. since the daughter has an equal share in the property like the sons, they are also allowed to file a case under Sec-22 of the Hindu Succession Act.
thank you
