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I have a small legal query regarding inheritance rights involving the son of a ‘deceased daughter’ in the self-acquired property of a Hindu Male who died intestate. QUERY:A Hindu male (referred in the Query as ‘Maternal Grandfather’) died intestate in 1995 with a self-earned house in Lucknow leaving behind one wife (Nani of the claimant), 2 sons & 2 daughters. His wife(Nani) expired in 2015, thereafter one of the daughters expired in 2019? Can the son of a ‘deceased daughter’ claim any inheritance rights over the self-earned house of his ‘maternal grandfather’ (Nana)?The self-earned house (immovable property) in question is currently in possession of the two sons, as both daughters are married living with their in-laws.Kindly explain in the light of amendments to Hindu Succession Act, 2005. (Since, 2 sons are insisting for partition of the house through family settlement deed in a unilateral manner denying any share to son of deceased daughter.)Also please clarify whether adverse possession can be claimed in this case by the two sons of maternal grandfather(Nana) in order to deny share of inheritance of the son of the deceased daughter(i.e.) maternal grandson ? After my Nani’s death both sons are living in the self-earned property of my Nana. PS: Immovable property is located in Uttar Pradesh.
Question
I have a small legal query regarding inheritance rights involving the son of a ‘deceased daughter’ in the self-acquired property of a Hindu Male who died intestate.
QUERY:
A Hindu male (referred in the Query as ‘Maternal Grandfather’) died intestate in 1995 with a self-earned house in Lucknow leaving behind one wife (Nani of the claimant), 2 sons & 2 daughters. His wife(Nani) expired in 2015, thereafter one of the daughters expired in 2019?
The self-earned house (immovable property) in question is currently in possession of the two sons, as both daughters are married living with their in-laws.
Kindly explain in the light of amendments to Hindu Succession Act, 2005. (Since, 2 sons are insisting for partition of the house through family settlement deed in a unilateral manner denying any share to son of deceased daughter.)
Can the son of a ‘deceased daughter’ claim any inheritance rights over the self-earned house of his ‘maternal grandfather’ (Nana)?
Also please clarify whether adverse possession can be claimed in this case by the two sons of maternal grandfather(Nana) in order to deny share of inheritance of the son of the deceased daughter(i.e.) maternal grandson ? After my Nani’s death both sons are living in the self-earned property of my Nana.
PS: Immovable property is located in Uttar Pradesh.
Answer ( 1 )
If the father has not made any Will then after 2005 amendment, even daughter is entitled to equal share in the self acquired property of her father. Since son of a deceased daughter is included as classI legal heir, the children of the deceased daughter can seek their claim by way of partition.
Adverse possession cannot be claimed during succession laws.