Legal Question in Wills and Trusts in India
Succession
Can my wife claim a share in her
father's self-acquired property (a
residential flat) who died intestate
in 1977? I was married in 1966. The
flat is in the possession of her
brother. Is she barred as a married
daughter under Hindu Succession
Act (with amendment)to claim a
share? What is the procedure for
obtaining Succession Certificate?
2 Answers from Attorneys
Re: Succession
She may be entitled to her share and seek partition of property by filing a civil suit in the area where the property is situated. Her claim may, however, be barred by the law of limitation if she was aware of the facts all through and did not lodge her claim within the stipulated time. It may be advisable to contact a counsel with all your facts/documents for proper guidance.
Re: Succession
Yes she can claim her right.
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