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Legal right of married daughter in self-acquired property of parents
09-Sep-2023 (In Property Law)
Hi,
Can married daughter stake her claim in late father's self-acquired property. This is actually registered in her mother's name as "Original Allottee".
Thanks,
SP
The law of succession provides for equal rights to girl child/daughters in matters of succession after the year 1956 with respect to self acquired properties of the deceased. It further provides that all self-acquired properties of a male Hindu dying intestate (i.e. Without a Will) shall devolve upon its class I legal heirs, including daughters, in equal shares. The self-acquired properties of a female Hindu dying intestate (i.e. Without a Will) shall devolve firstly upon her sons, daughters and husband in equal shares.
In view of your specific query, assuming that the property was owned either by your father or your mother or jointly, and that you and your 2 brothers are the only surviving class I legal heirs then in such a case you all are entitled to 1/3rd undivided share in the property.
Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.
In view of your specific query, assuming that the property was owned either by your father or your mother or jointly, and that you and your 2 brothers are the only surviving class I legal heirs then in such a case you all are entitled to 1/3rd undivided share in the property.
Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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