Legal Question in Real Estate Law in India
I have a question with regards to property in Mumbai, Maharashtra.
A person buys a property in Mumbai in 1960. Prior to the purchase, all his six children, 3 girls and 3 boys were married.
This individual then passes away in the mid 70s instate.
The daughters sign a release in favour of the sons in 2000 but due to infighting amongst sons, the succession was never applied for.
The Hindu Succession act of 1956, declares all daughters were not allowed equal shares in properties inherited. In 1994 this was amended in the state of Maharashtra, so that all daughters would have equal shares as sons in property. However, any daughters married prior to 1994, were not entitled to any stake in inherited property.
Then in 2005, the act was amended across all of India, so that daughters and sons had equal shares.
Now my question is, the property is in Maharashtra.
Do the 3 daughters left behind by the deceased have any stake in the property? They were all married prior to 1994, as well as signing a release in 2000.
Under Maharashtra law it says they have no stake but I think the India law made in 2005 raises doubts.
Who takes precedence? Maharashtra 1994 law? or 2005 India law?
The daughters are double minded and are going back on their word. They want their stake in the property.
Do they have a legitimate stake or not? Is it contestable by them? Or is it a closed case in favour of the sons?
How can I verify and confirm this?
Please reply, assistance and opinions would be much appreciated.
1 Answer from Attorneys
The law with regard to succession is very clear and it has precedence over any state law. The daughters can challenge the relinquishment deed by taking various reasons for creating a doubt ,why they had given this relinquishment deed . All the daughters have equal right in the property of there father and mother. Daughters can file a partition suit to claim there share in the property.
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