Rights of married daughter on father's self acquired property.

595 votes

As per the Hindu succession act daughter can also has the right in the property of her father though he is married and will is not made.she can also get the right in the property
You have to file a case

LawRato LawRato

937 votes

yes in self acquire property of the father, daughter have right as per sec.8 after death of male intestate, his property will devolve to their heirs specified in class-1, of the scheduled of Hindu Succession Act and as per new provision of Succession Act daughter where equal share in father's property.

Advocate Vijay Nangesh LawRato

601 votes

A Hindu male dying without a 'will' shall be considered as intestate and in that case the will made by the mother on the whole of the property of her husband shall be considered as invalid as there would be an intestate succession on the property of the deceased husband. Which shall therein be governed by Section 8, 9 & 10 of the Hindu Succession Act, 1956, which states that-
“Section 8- General rules of succession in the case of males―The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Section 9- Order of succession among heirs in the Schedule.―Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

Section 10- Distribution of property among heirs in class I of the Schedule.―The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:―
Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.―The distribution of the share referred to in Rule 3—
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.”

Therefore, in my opinion the intestate succession shall be governed firstly by Section 8 and as there are all class I heirs the question of moving to Class II or the Cognates or Agnates are Negated.
Furthermore, the first succession shall happen on the Intestate property of the deceased i.e. between the mother, two sons and three daughters. Wherein each shall get 1/6th (one-sixth) share in the property.
The will of the mother shall take effect after this succession and it shall be effective only on the one-sixth share she would inherit from the intestate succession. Therefore, each son would get one-twelfth (1/12th) share from their mothers share in the succession.
So, in this case each daughter would get one-sixth (1/6th) Share and each son would get one-sixth share plus one-twelfth (1/6th + 1/12th) share in the property, i.e. one-fourth (1/4th) of their fathers property.

Advocate Aftabhusen A Ansari LawRato