A.
Dear Client,
Your query lacks information and transparency. However, be informed that in case of intestate succession(where there is no WILL), all the surviving legal heirs of the deceased owner are entitled to an equal share in the property left by the owner. The property of a male Hindu dying intestate, i.e., without any will, shall devolve according to the provisions of Section 8 of the Hindu Succession Act, 1956, (a) firstly, upon the heirs, being the relatives specified in class-I of the Schedule. The property of an intestate is divided among the heirs in class I of the Schedule as per rules prescribed under Section 10 of the Act that include the intestate’s widow, surviving sons and daughters, and the mother. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Regardless of nature or class of property, until and unless an undivided ancestral property or self-acquired property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Being a coparcener and legal heir of the said undivided ancestral property or self-acquired(if left intestate), you can file a civil suit for partition in the civil court to obtain your share in the said property. If required, consult with an Advocate who can guide you with tailored advice to navigate the issue in the right way based on your situation and factual matrix.
Posted On 25-Aug-2025
Share on
×