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Inheritance right of son in the self-acquired property of his deceased mother

Shivendra Pratap Singh

Advocate

06/10/2021

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A Hindu Male who died intestate in 1995 with a self-earned house in Lucknow leaving behind one wife (Nani of the claimant).  2 sons & 2 daughters. His wife (Nani) expired in 2015, thereafter one of the daughters expired in 2019. The self-earned house (immovable property) in question is currently in possession of the two sons, as both daughters are married living with their in-laws. 

Kindly explain in the light of amendments to Hindu Succession Act, 2005. (Since, 2 sons are insisting for partition of the house through family settlement deed in a unilateral manner denying any share to son of deceased daughter.) After my Nani’s death both sons are living in the self-earned property of my Nana. 

What are the inheritance rights of a maternal grandson upon immovable property of his Nana (who died intestate) ? Nana has left behind a written note stating that one portion of the house shall be reserved for daughters and sons would have no right over the same. Can a written note be deemed to be legally valid or succession law of Hindus prevail over the ‘unregistered written document’?

Question from: Uttar Pradesh

Daughter’s right in self acquired property of her father

The property is your maternal grandfather’s self acquired property. All the children have right therein from their birth. This is an unalienable right and the son has no right to decide whether his sister will get a share in this property. The daughters have right in that property by virtue of section 6 of Hindu Succession Act (HSA).

This property was devolved upon your Nani after the death of your Nana. When Nani died in 2015 the property should have been devolved on four children. Your mother was one of the children and had share in that property. 

Your mother had right in that property therefore, she could seek partition. However, she had died but her share in that property had already devolved. Hence, you can claim partition in that property on the basis of Section 6 of the Hindu Succession Act. 

In Vineeta Sharma vs Rakesh Sharma (2020) 9 SCC 1; the Supreme Court has held that the daughter of the coparcener shall by birth become a coparcener in her own right in the same manner as the son. As the right of being a coparcener is by birth for a son and so is it for a daughter post the 2005 Amendment, and even if the father was not alive on 9-9-2005, it does not obstruct a daughter’s right from claiming her share in the coparcenary property.

File a partition suit

You should file a partition suit and claim your share in that property. Your maternal grandfather died intestate hence, the property is subject to devolve as per the Hindu Succession Act (HSA). You have the right as per the section 6 of HSA thus you should file a partition suit. 

The reservation of your maternal grandfather that a portion of property will go to his daughter is also in your favour. You can claim that portion also along with the whole property. Only daughter will have right in that portion and son cannot claim any right thereon.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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