• Does the Hindu Succession Act apply to self-acquired property obtained before 1956?

Property was self-acquired in 1940 and then gifted to his daughter-in-law in 1950. 

When the daughter-in-law dies intestate in 1995, do the provisions of the Hindu Succession Act apply? The daughter of the daughter-in-law wishes to file a suit for pre-emption under Section 22 of the Hindu Succession Act for the preferential right to purchase the property – is this maintainable?
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

Hindu Succession Act applies to all properties self acquired or ancestral. Daughter of donnee (daughter in law) is entitled to preferential right under Section 22 over the property and she can file such suit. Such suit is very much maintainable and liable to be decreed.  

Ravi Shinde
Advocate, Hyderabad
4488 Answers
42 Consultations

Provisions of Hindu succession act would be applicable in event of demise of daughter in law in 1995 

 

Daughter can file suit to claim pre emption under section 22 of Hindu succession act 

 

3) A reading of Section 22 makes it clear that if any person dies intestate leaving behind more than one heir specified, in class I of the schedule and if one such heir wants to transfer or proposes to transfer his or her interest in the property, the other heirs shall have a preferential right to acquire the interest 

 

4)relief in terms of Section 22 of the Hindu Succession Act, 1956 could be obtained by filing a regular suit after payment of ad valorem court-fees and giving specific valuation of the property.

 

 

 

Ajay Sethi
Advocate, Mumbai
97612 Answers
7902 Consultations

This is asked before and answered 

Its maintainable provided the other siblings are taking steps for transferring their share in the property 

Yusuf Rampurawala
Advocate, Mumbai
7767 Answers
79 Consultations

After the execution and acceptances of gift deed, the absolute owner of the property become the daughter in law.

The object of sub-section (1) of Section 22 is that in cases where by virtue of intestate succession under the Act any interest in immovable property has devolved upon two or more heirs specified in Class I of the Schedule and any one of such heirs proposes to transfer his interest in the property, the other heirs should have a preferential right to acquire the interest which is so proposed to be transferred. It has to be construed that Section 22(1) confers an incidental right on the heirs other than the one who proposed to transfer his interest. It is no doubt true that sub-section (1) of Section 22 confers on such co-heirs a preferential right to acquire the interest which is proposed to be transferred by the other co-heir. When the transfer is in violation of the provisions of Section 22(1) of the Act, it goes without saying that the other co-sharer cannot certainly be without a remedy because every legal right must necessarily carry with it a remedy for enforcing the same. The remedy of the non-alienating co-heirs, insuch circumstances, will be to seek the intervention of the court to enable them to acquire the right which has been transferred away by the other co-heir in violation of sub-section (1) of Section 22. As the Section does not provide for any special procedure for seeking the said remedy, a co-sharer has to seek enforcement of such right under Section 22(1) by way of a regular civil suit before the competent court. 

Hence the suit filed . Section 22 give some protection various factual questions are bound to arise for determination in such a suit wherein the principal issue .

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

Whether the property acquired before the enactment of the HSA, 1956 or transferred to the beneficiaries before 1956 is not a question. 

It is the current situation and the present law that would be applicable to challenge the claim made by anyone against the current title holder 

T Kalaiselvan
Advocate, Vellore
87814 Answers
2365 Consultations

Dear Sir/madam

1. Yes since the daughter in law died in 1995, (after 1956), the Hindu Succession Act will apply. 

2. Therefore, the suit by the daughter is maintainable in the Court of Law

Thank you

God Bless

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

- Yes, As per law, this act will apply also in case of self acquired property.

- Her suit is maintainable. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

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