how to claim share in fathers property
4 weeks ago
my father passed away in 1990 leaving some properties and my cousin(father's brother son)sold some of them. I recently came to know that my father have some properties and no will was made. how can I claim share as there is a limitation act. please advise.
A.Dear Client,
After the 2005 amendments to the Hindu Succession Act, daughters were granted equal rights to their parental property, regardless of marital status. The Amendment Act specifies that if a father dies intestate, daughters become sole heirs and inherit property by birth, independent of male relatives. The Limitation Act allows a 12-year window to file a court case for a deceased individual's assets. Failure to do so extinguishes ownership rights, leading to adverse possession by the current possessor. In the Vineeta Sharma vs. Rakesh Sharma & Others (2020) case, the Supreme Court affirmed daughters' coparcenary rights in paternal property, even pre-2005 amendments. Prior to 2005, daughters lacked equal rights compared to sons. Based on legal provisions and court rulings, your claim to your father's property is now time-barred.
After the 2005 amendments to the Hindu Succession Act, daughters were granted equal rights to their parental property, regardless of marital status. The Amendment Act specifies that if a father dies intestate, daughters become sole heirs and inherit property by birth, independent of male relatives. The Limitation Act allows a 12-year window to file a court case for a deceased individual's assets. Failure to do so extinguishes ownership rights, leading to adverse possession by the current possessor. In the Vineeta Sharma vs. Rakesh Sharma & Others (2020) case, the Supreme Court affirmed daughters' coparcenary rights in paternal property, even pre-2005 amendments. Prior to 2005, daughters lacked equal rights compared to sons. Based on legal provisions and court rulings, your claim to your father's property is now time-barred.
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A.Dear Client,
Your query requires a few specific details e.g. date of disposal of the intestate property, the date when the fact comes to your knowledge etc. to address it suitably. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. The new Amendment Act clearly states that if the father dies intestate (without making any will). Then the daughter is the sole heir; then, she has a legal right to the property by birth and not through the male members of the extended family (i.e. the son of the deceased person's brother). The Limitation Act prescribes 12 years to file a court case to get a share in the assets of a deceased individual. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner applying the principle of adverse possession. The Supreme Court in the case of Vineeta Sharma vs. Rakesh Sharma & Others (2020) held that daughters have coparcenary rights in their father's property by birth, even if their father died before the 2005 amendment to the Hindu Succession Act. Before 2005, daughters were never considered equal to sons when it came to their rights on their father's property. So, considering all the facts, the proposition of relevant laws, and the decisions of the High Courts and Supreme Court, your right to claim over your father's property is now barred by limitation.
Your query requires a few specific details e.g. date of disposal of the intestate property, the date when the fact comes to your knowledge etc. to address it suitably. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. The new Amendment Act clearly states that if the father dies intestate (without making any will). Then the daughter is the sole heir; then, she has a legal right to the property by birth and not through the male members of the extended family (i.e. the son of the deceased person's brother). The Limitation Act prescribes 12 years to file a court case to get a share in the assets of a deceased individual. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner applying the principle of adverse possession. The Supreme Court in the case of Vineeta Sharma vs. Rakesh Sharma & Others (2020) held that daughters have coparcenary rights in their father's property by birth, even if their father died before the 2005 amendment to the Hindu Succession Act. Before 2005, daughters were never considered equal to sons when it came to their rights on their father's property. So, considering all the facts, the proposition of relevant laws, and the decisions of the High Courts and Supreme Court, your right to claim over your father's property is now barred by limitation.
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