Legal Question in Real Estate Law in India
PROPETY LAW � SUCCESSION
RIGHTS OF HINDU FEMALE GRAND DAUGHTER IN INHERITANCE
A Hindu male died intestate on 12-08-1946 leaving behind his widow and two daughters D1 and D2 in Andhra Pradesh. The widow inherited the immovable property from her late husband, which was devolved from the husband�s grandfather and conveyed the entire estate, shared equally between her only two daughters D1 and D2 by two separate registered settlement deeds, the second to D2 on 19-06-1963. The widow died on 26-01-1978.
D2 in turn bequeathed the whole property, only to her six sons exclusive of two of her own daughters GrD1 and GrD2. During 1999 to 2005 followed in subsequent years thereafter, all the six sons surreptitiously got executed by D2, number of registered Gift and Settlement Deeds in their own favour including the wives, male and female children.
Even the attestors/ witnesses to the transaction in most of the title deeds are the six sons within themselves in group attestation with common document writer. Number of disposition, alienation transactions took place thereafter. It is said the sons also obtained from D2 some unregistered signed blank stamped papers to fabricate Will/ Gift in anticipation of any contingency may arise in future, as heard now, concealed at this stage, details unknown.
D2 performed marriages of GrD1 in 1973 and GrD2 in 1979 by giving very negligible streedhan and each a house site of 250 sq. yds in 1999. D2 expired on 03-03-2014 survived by all her children living.
The recital of the settlement deed dated 19-06-1963 by the widow to D2 in vernacular inter-alia states "�....I performed your marriage. You are living with your husband and children with me in my house. Upon the death of my husband, the entire ancestral scheduled property retained by my late husband died in testate, has been inherited by me as a legal heir. While hitherto the rights of only enjoyment were vested in me on the said property, the HS Act 1956 now came into force gave me the full rights to gift, sell and enjoyment and hence alienating the scheduled property to you D2, on your enjoyment basis, free of cost, subject to certain conditions stipulated herein. D2 shall enjoy the whole property putra poutra paaramparya svetchagaa (free enjoyment of sons and grandsons lineages) happily with full rights to gift and sell�..."
Issues:
1. Based on the Settlement Deed dtd. 19-06-1963 executed by the widow to D2, whether D2 is the absolute owner of the entire property.
2. Whether the actions of D2 having gifted or alienated also the notional shares of GrD1 and GrD2, declaring herself the absolute owner of the entire property are tenable.
3. Whether the property can be termed ancestral in the hands of D2 and the granddaughters GrD1 and GrD2 are coparceners/ successors to the estate of the deceased when read with the recital in the said settlement deed.
4. What is the right to claim their share of grand daughters GrD1 and GrD2 on the estate of deceased as well as the dwelling house.
1 Answer from Attorneys
Ms.
First of all understand the difference between the Property possessed by a Male and Female.
Where an Ancestral Property is held by a Male Hindu, then in that event, all the coparcaners i.e. son, grand son have equal right in the said property. And with the coming in to force of Hindu Succession Act, 2005, even daughters who are not married also have equal right with the son to claim share in such ancestral property.
Now, when the question is in relation to Female, then any such ancestral property, inherited by the Female Hindu, then such property is deemed to be construed as having vested in her as her absolute property. That property is deemed to be construed as Personal Property of that female, and that female is entitled to dispose of such property in any manner she like. No son, daughter as any kind of vested interested in such property held by a female Hindu.
However, only exception is that, when such property is held by female hindu, pursuant to any Will or GIft executed by ancestor, then in such event, the absolute right of female hindu to such property will be subject to any limitation placed in such Will / Gift document.
So in relation thereto, here are the answers to your questions : -
1. Based on the Settlement Deed dtd. 19-06-1963 executed by the widow to D2, whether D2 is the absolute owner of the entire property.
YES, D2 is the absolute owner of the Entire Property.
2. Whether the actions of D2 having gifted or alienated also the notional shares of GrD1 and GrD2, declaring herself the absolute owner of the entire property are tenable.
As stated above, GrD1 and GrD2 have no vested interest in the property, so they do not have any notional shares in the property. So yes the action is perfectly justified and tenable.
3. Whether the property can be termed ancestral in the hands of D2 and the granddaughters GrD1 and GrD2 are coparceners/ successors to the estate of the deceased when read with the recital in the said settlement deed.
First of these property were vested way back in the year 1973, at that time 2005 Amendment was not in place. Secondly, the settlement is not a settlement pursuant to division of corparcenary property, It was personal property of D2's mother, which her mother during her lifetime conferred upon D2 and D1. And any such property that is held by D1, D2 pursuant thereto, are deemed construed as their personal property.
4. What is the right to claim their share of grand daughters GrD1 and GrD2 on the estate of deceased as well as the dwelling house.
GrD1 and GrD2 have no right, whatsoever, in the estate of deceased as well as the dwelling house. Right of maintenance of unmarried daughter is altogether different. But certainly no right of inheritance or succession.
The gift deed executed by D2 in favor of 6 sons is within her right and that GrD1 and GrD2 cannot have any kind of objection, claim, interest whatsoever in the said estate.
So in totality, GrD1 GrD2 have no share, interest or any kind of Claim in any of the properties held by D2.
Feel free to contact should you have any questions.
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