1) daughter has equal share in property of the deceased mother
2) in case you refuse to give her share she can file suit for partition to claim her share in property
Do daughter has right in parents property
Dear sir / madam, I am aged 32 and my sister aged 34 got married. My parents have two properties, one registered in my mother's name and another property registered in my father's name.Now mother is passed away in 2016. My questions are, 1. What is the percentage should be given to my sister as per law. 2. How much rights she have to claim my mother's property since my mother is no more. Regards Ramesh Chennai
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1. If your mother died intestate then her share devolved through succession equally on her widower and children. So your sister has a 1/3rd share in the properties of her deceased mother.
2. Your sister can file a suit for partition to cull out her separate share in the property of her mother.
Hello,
1) If the mother passed away without leaving a Will behind your father and you both siblings have an equal share in the property of your deceased mother.Therefore lawfully, your sister can claim 1/3rd of the share in the property.
2) You both do not have any inherent rights in the property of your father while he is alive. In case he dies intestate, that is without writing a Will, his property will come to you siblings equally. If his mother is alive at the time of his death she will also inherit an equal right.
1. The property remaining on your deceased mother's name, upon her intestate death, shall devolve equally on all her legal heirs/successors in interest, i.e., you, your sister and your father. Therefore your sister shall be lawfully entitled to 1/3rd out of your mother's property.
2. Read the above answer, both the questions are answered accordingly.
Section 15 of the Hindu succession Act delineates the heirs of a female Hindu and the order in which they are to succeed to her property if she dies intestate. Section 16 of the Act provides the manner of distribution of a deceased female Hindu among her heirs.
Rule 1 of section 16 provides:
Rule 1.-Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.
Therefore, if A, a Hindu female, dies intestate and after her death she is survived by the son of her husband, daughter, husband and her own mother. Now, the son, daughter of her husband being an heir of her husband figures in entry (b) of sub-section 1 of section 15 and the mother figures in entry (c). As per Rule 1, those in one entry shall be preferred to those in succeeding entries. Therefore, heirs in entry (b) shall be preferred to those in entry (c). Hence son, daughter of A’s husband shall inherit the property of A to the exclusion of A’s mother.And also one share is allotted to her husband if he is alive.
After the death of Mother your soister got 1/3 share . 1/3 to your father 1/3 to you
After the amendment of Hindu succession act 2005 now she have equal right in the property . Mentioned in class one that consists has serval points more that depends upon the circumstances and situation.
