Do daughters have same right to father’s property as sons? – The Economic Times

Clipped from: https://economictimes.indiatimes.com/wealth/legal/will/do-daughters-have-same-right-to-fathers-property-as-sons/articleshow/87392343.cmsSynopsis

An expert answers query on estate planning and succession.

Raj Lakhotia, Founder, Dilsewill answers readers queries related to estate planning.

We are two sons and five daughters, all married before 1990. Will the daughters have the same right to their father’s property as sons? — Naveen Kumar

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

What are the inheritance rights of a girl living with her grandfather since childhood (both her parents died in an accident), vis-a-vis the grandfather’s own children, with respect to his self-acquired property? — Rakesh Gupta

The daughter of a predeceased daughter being a Class I legal heir, as per the schedule in Section 8 of the Hindu Succession Act 1956, has the same share in the property of her maternal grandfather which her mother would have got in case she would have been alive. The girl can claim her share along with the other legal heirs of the grandfather.

A grandfather died intestate in 1995 with a self-acquired house, leaving behind his wife, two sons and two daughters. His wife expired in 2015 and one of the daughters in 2019. Can the son of the deceased daughter claim inheritance rights over the self-acquired house of the maternal grandfather? The house is currently in possession of the two sons as the daughters were married and lived with their in-laws. The sons are insisting on partition of the house through family settlement deed in a unilateral manner, denying any share to the son of the deceased daughter. Please clarify whether adverse possession can be claimed by both the sons in order to deny the share of inheritance to the grandson. Does the grandson have a legal right to claim inheritance/succession to his grandfather’s self-acquired property? — Vishal Saha

The son of a predeceased daughter, being a Class I legal heir as per the Schedule referred in Section 8 of the Hindu Succession Act 1956, has the same share in the property of his maternal grandfather as his mother, had she been alive. He can claim her share along with the other legal heirs of the maternal grandfather. Adverse possession can be claimed by the two sons if, after the death of the grandfather, they have been continuously residing in the house for 12 years or more, without any interruption or legal objection from any of the legal heirs.

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