My father has 0 sons, 6 daughter. He has passed away. Who is his heir now?
2 years ago
My father have 6 daughters including me (He had no sons). So, he had decided to give all the property to the caretaker(which is me). He had died 3 months ago sadly. And, he hadn't wrote any will as I will be his heir. But has given his word to my mother(i.e., his wife).
My question is:
Now, since he hasn't written anything...who legally have rights to our father's property?
Our local lawyer has said that all 6 daughters are now owner.
The problem is 4 out of 5 daughter(6th being me) are ready to give up their rights and make me as caretaker for our mother. Even my mother want's only me as a caretaker and no other daughter. What should be legally done as to convince the only daughter who is refusing to give up the rights?
My religion is hindu.
A.Dear Madam,
Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Your local lawyer is right. All 6 daughter and your mother is legal heir as there is no written will and you need to convince her by own means as lawfully she can claim her share.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
The daughter who is unwilling to relinquish her undivided one seventh share in your favour, cannot be compelled legally but if she is willing to sell her share to you at nominal price,then that can be done.
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