My father passed away in 2018 without writing a will of his house which is built with his own income. We are 2 children to my parents (one son and one daughter). The son is working and settled in India, while the daughter is settled in US. And now she is a US citizen with Indian OCI card. I want to know if the married daughter has right to father's property? if so what is her legal share? And since she is US Citizen, but is an Overseas Citizen of India (OCI) can she still be eligible to claim her share of father's property? what are the restrictions or tax implications if she want to sell the property in future? is the daughter eligible for sale of inherited property?
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Daughter has equal share in property standing in name of deceased father
she is at liberty sell her share in inherited property
she will have to pay long term capital gains in sale of property
she can save taxes by purchase of another property or invest in capital gains bonds of NHAI or REC
1. Whether the daughter is married or a spinster, she will be entitled to equal share in her deceased father's self acquired property, ssince the father died intestate.
2. If a Hindu male dies intestate, then his self acquired property devolves equally to his mother ( if alive ), wife, son and daughter.
3. The married daughter is entitled to equal share in the property on par with other legal heirs.
4. Assuming that the father's mother is no more, in the instant case, the property would devolve equally to widowed mother, one son and a daughter, i.e., 1/3rd share each.
5. The daughter will be entitled to inherit the property, even if she is a US Citizen.
- As per law , after the death of your father intestate , his property would be devolved upon his legal heirs equally, i.e. you both and your mother if alive .
- Yes, a married daughter is also having right to claim over her fathers property , and even she is residing abroad .
- Yes, she can sell the her shares and liable to pay long term capital gain , however after purchasing some another property she can save the tax legally.
Your father's property shall devolve equally on all his legal heirs upon his intestate death.
If your mother is living then the property shall have to be distributed or divided into three equal parts and allot each legal heir with one such share.
Your sister is very much entitled for a legitimate share out of her deceased father's property as a right.
She can very well sell her share of property in the future.
She may have to pay applicable long term capital gains tax at the time of selling her share of property.
There are no living parents for the son and daughter. And father's mom is not alive as well. The son has 2 children of his own (13 yr old grandson and 9 yr granddaughter). The daughter has 2 children (2 minor grand daughters) The US citizen daughter is planning to pay money equal to the 50% of the property value to the son and own the entire land. And she plans to develop it into a bigger home. when the grandson turns 18 yr old, can he come and try to legally claim his rights with his aunt? stating his grandfather property belongs to him as well? what clauses should the daughter put during the sale deed/agreement with her brother now so that in future there is no legal issues from anyone else on the property?
From your description about the property it can be understood that this is not ancestral property.
Therefore the grandchildren cannot claim any rights in the property which is now being settled among the legal heirs/children of the deceased property owner.
The son can very well transfer his share in the property to his sister by executing a registered release deed relinquishing his rights in the property in return of the value of his share in the property being compensated in terms of cash.
The daughter can very well proceed with her proposal to acquire and develop the property as per her desire.
1. If the daughter wants to pay 50% of share of property amount to her brother and to become sole owner of the property, her brother has to execute a Release Deed relinquishing his share of the property in favour of his sister and it has to be registered in the jurisdictional Sub-Registrar's Office.
2. Since the property was the self acquired property of the father, grandchildren will not have any right over their grandfather's property during the lifetime of their father or mother, as the case may be, as it's not considered as Ancestral Property for them. However, if there are great grandchildren now, then only for them it will be ancestral property.
3. In the Release/Relinquishment Deed to be executed by the brother in favour of his sister after receiving amount towards his share of 50%, certain legal clauses can be incorporated protecting the interest of the sister so that in future there will be no legal issues.
Thank you Sir/Madam.
Just put important clause that he and any of his legal heirs will not have any claim in the same
I pre sure it is not ancestral property
Grand children have no share in self acquired property of deceased grand parents
daughter is buying her brother 50 per cent share in property by registered sale deed
Being Indian origin, your rights to property in India are governed by Hindu Succession Act. As a daughter you are entitled to equal share in the ancestral property, acquisition of U.S. citizenship will not affect your right to property. As the property is ancestral no tax implications like capital gains are involved. You need not come to India to claim and get your share in the property. you can assert you right through Special Power Attorney. The procedure is, draft a general power of attorney on Indian stamp paper of 100 rupees which is available in all countries or even on white paper giving GPA to any of your relatives/friend to claim the property on your behalf. He can do all things like claiming property, getting property transferred in your name, engage Advocate and file case if need be.
- If the son is alive , then none of his legal heirs can claim any share in the property during his life time
- Only after the death of son or daughter , the grandchildren can claim a right over the property.
- Further , after getting the share in the property , this property will become the self acquired property of both of them , and they will have their respective right to transfer the property to anyone.
- Hence the grandson after attaining 18 also cannot have any right.
Children are class 1 legal heirs u/s 8 read with schedule 1 to the hindu succession act 1956
So they take equally
The grandson (son's son) is excluded and he cannot claim
The brother can release his 50% share in favour of the sister by registering a release deed
No need to mention anything about the grandson in the release deed as he is completely excluded under the law to inherit
Daughter being an OCI is not precluded from claiming her share or inheriting her father's property in India
Dear clients,
The court stated that the property of the grandfather can be held as the father's ancestral property. There are only two conditions under which the father would get the property. He inherits the property after his father dies or in case the father's had made a partition during his lifetime.
1- According to the Hindu succession act,2005, you have the same right over your father's property as your brothers.
In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.
