We have two sons and five daughters, all married before 1990. Will daughters have equal rights over their fathers? Property as sons? – Naveen Kumar
According to section 8 of Hindu succession Act 1956, read with the Schedule specified therein, Daughters Class I legal If the father dies (without a will), the heirs have the same rights as the sons on their father’s properties.
What are the succession rights in respect of self-acquired property of a girl child living with her grandfather since childhood (both her parents died in an accident) as well as the grandfather’s own children? — Rakesh Gupta
According to the Schedule in Section 8 of the Hindu Succession Act 1956, a daughter of a deceased daughter being the first-class legal heir, her maternal grandfather has the same share in the property that her mother would have had if she were alive. The girl child can claim her share along with the other legal heirs of the grandfather.
A grandfather died in 1995 with a self-acquired household that was left by his wife, two sons and two daughters. His wife passed away in 2015 and one of the daughters in 2019. Can the son of the deceased daughter claim the right of inheritance on the self-acquired house of the maternal grandfather? The house is currently in the possession of both the sons as the daughters were married and lived in the in-laws’ house. Refusing to give any share to the son of the deceased daughter, the sons are insisting on the partition of the house unilaterally through the Family Settlement Deed. Please clarify whether adverse possession can be claimed by both the sons for denying the share of inheritance to the grandson. Does the grandson have a legal right to claim succession/succession over the self-acquired property of his grandfather? – Vishal Shah
According to the schedule specified in Section 8 of the Hindu Succession Act 1956, the son of a pre-deceased daughter, being the legal heir of Class I, has the same share in the property of his maternal grandfather as that of his mother, if she were alive. He can claim his share along with other legal heirs of Nana. Adverse possession can be claimed by both the sons, if after the death of the grandfather, they have been residing in the house continuously for 12 years or more without any obstruction or legal objection from any of the legal heirs.