Legal heirs of daughter are entitled to share in HUF property
if case is pending in court on daughter demise legal heirs have to be brought on record
If a daughter dies intestate before the partition of a huf property is legally affected either through a registered deed or final court decree, then can the legal heirs of the daughter claim her share in the huf property?. in other words are the legal heirs entitled to recieve the daughters share in the above mentioned scenario, if the partition is affected after her death.
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Legal heirs of daughter are entitled to share in HUF property
if case is pending in court on daughter demise legal heirs have to be brought on record
If the daughter is entitled for a share in the HUF property then her share of property shall devolve equally on her own legal heirs, i.e., on her husband and children if married, if unmarried on her mother.
Thus the legal heirs can very well claim her rightful share in the property as her successors in interest to succeed to her estates.
1. If the daughter was alive as on [deleted] and later dies intestate subsequent to [deleted], then her legal heirs can claim their right over daughter's individual share in the HUF.
2. Even though the daughter might have died intestate before partition of the HUF either through a registered Partition Deed or Court Decree, her legal heirs are entitled to a share limited to the daughter's share.
Legal heirs of dated have right to claim share in ancestral property even if the partition takes place after death of daughter. Death of daughter before or after partition will not affect right of legal heirs in ancestral property of daughter
Dear Sir/ Mam
1. On February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
Thank You!
- As per Supreme Court , daughter having equal right in huf property.
- Hence, after the death of daughter , her legal heirs can claim her share in the huf.