Legal Question in Wills and Trusts in India

One Couple has 2 sons and 1 daughter, lived in village, near Modi Nagar, Ghaziabad, U.P., having ancestral houses and agricultural lands.

Couple died intestate === Male in 1976 and Female in 1972.

Elder son died intestate, married and leaving behind 1 widow 6 sons 2 daughter (1 daughter expired leaving behind husband 2 son and 2 daughter)

Younger son died intestate and bachelor.

?

My question === Under Hindu Succession Act, 1956, Married daughter is entitled to get her share in ancestral property like ancestral village houses and ancestral agricultural lands. Yes or No? If yes, to what extent?

Married daughter has right in parents ancestral property and also, as sister of younger brother, has right to his share, as he was bachelor. Plz confirm this.

Can daughter being a legal heir execute any relinquishment deed in favour of his son? If yes, tell the procedure.

/

Tyagi

0091-9910081545

[email protected]


Asked on 2/27/14, 9:18 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.02.2014

Dear Tyagi,

Yes, as per Hindu Succession Act, 1956 married daughter is entitled to a share in the family property. Since the parents have passed away intestate, she is entitled to a 1/3 share in the family property.

Yes, since the younger son has also passed away intestate, married daughter has a right to 1/2 his share in the family property.

Yes.

Regards,

Read more
Answered on 2/27/14, 9:41 pm


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