When a father (Hindu) dies without a will, the property devolves among his legal heirs, according to the laws of intestate succession.
Here are three queries related to property disputes and inheritance answered by an expert.
‘What are the legal rights of a married daughter over ancestral property seven years after her parents’ death?’ - Tripti Sahu
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.
My father died without a will. While alive, he had transferred properties to my mother and money to children, but without any registered gift deed. My mother is now refusing to give any property to me. Do I have any legal claim over it? — Vineeta Thind
If the father gifts self-acquired property during his lifetime to an individual, the descendants who were not gifted any share in such property would not have any right over it after his death. However, according to the Registration Act, a gift deed for immovable property is required to be registered. If the gift deed is not registered, you may be able to challenge in a court of law and claim your rightful share in that property.
If your mother is not willing to give any share in property to you, including the one in your father’s name, and if there is no will regarding the deceased’s property, it would devolve according to the laws of intestate succession. This means that the self-acquired property will be distributed with first preference to Class I heirs—children and wife— who get an equal share. Your mother, in the absence of a will or a valid gift deed, will not be able to stop you from getting your share.
When our father died without a will, I and my brother submitted a no-objection certificate to transfer the house to our mother. Now, she wants to sell it. Do we have the right to stop her from doing so? — Smita Kumar
When a father (Hindu) dies without a will, the property devolves among his legal heirs, according to the laws of intestate succession. The self-acquired property is distributed with first preference to Class I heirs. If you, as children, have given a no-objection certificate (NOC) to transfer the house in your mother’s name, your right to stop her from selling it will depend on the provisions of the NOC. Assuming that the house has now been fully transferred in your mother’s name, and also assuming that the NOC stated the mother has complete right to deal with the property in any manner she likes, the children will not have any right to stop the mother from selling the property as and when she wishes. To be sure, however, consult a lawyer with a copy of the NOC.
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