As a class, I heir under the Hindu Succession Act of 1956, a son or a daughter possessing coparcenary rights can inherit their father's property if he passes away without leaving a will.
Rights on Ancestral Property
Rights of Son- Under the Hindu Succession Act of 1956, a boy child is born with inherited traits from his parents. It is a trait that male lineage can pass down for up to four generations. However, in order to claim ancestral property, two requirements must be met. One is whether it was passed down from the grandfather who divided the land or the father following his death.
Rights of Daughter- In the past, the Hindu Undivided Family members were the only ones with a right to ancestral property. A Hindu female has the same right to ancestors' property as a Hindu male by the amendment made to the Hindu Succession Act of 2005. On September 9, 2005, the amendment went into force, granting them the same coparcenary rights as sons.
Rights on Self-acquired Property
Rights of Son- When it comes to self-acquired property, the parent has the ability to bequeath or leave it in his will to anyone he sees fit. There is no legal right that the son has to such property. He may, however, assert that he contributed to the property.
Rights of Daughter- Property acquired through one's own resources is referred to as self-acquired property. The right of the property owner to transfer a self-acquired property however he sees fit without the legal heirs being able to disagree. But without any other direct heirs, all property the mother has possessed or received will pass to the daughter.
The sons and daughters of a dead mother would otherwise receive an equal distribution of inherited property.
Role of Judiciary
In the case of Arunachala Gounder (Dead) by LRs v Ponnusamy and Ors (2022), the Supreme Court held that if a Hindu male died intestate and left behind the self-acquired property, the property would transfer through inheritance, not through survivorship, even before the Hindu Succession Act of 1956. The daughter will also be entitled to any property she has gained and any property she has acquired through the division of coparcenary property.
Steps to be taken if your Uncle Holds Property of your Late Father
Please be aware that your uncle cannot hold on to your rights to the ancestral property belonging to your late father. Instead, it is true that he is forcibly occupying another person's property which is illegal in the eyes of the law.
Therefore, consulting and hiring a well-competent lawyer to save your deceased father’s property from your uncle is necessary and advisable.
They Help in Probating the Will- The will has no effect unless it is admitted to probate, and in that event, the property passes to your grandfather's legitimate heir and heiresses. Therefore, the lawyers help in probating the will in court so that you can get your share rightfully.
They help in filing a Criminal Case- They help in filing a criminal case under Section 406 (criminal breach of trust), Section 420 (Cheating), and Section 468 (forgery for purpose of cheating) of the Indian Penal Code in the court of Judicial Magistrate against your uncle.
They help in filing Declaration Suit- The lawyers help in drafting and filing a declaration suit on your behalf. Filing a declaration suit shows that the plaintiff is entitled to any rights in the property. The court then evaluates the rights and arguments of both parties based on their pleadings and evidence and, if satisfied with the Plaintiff's claim, grants it or rejects it by issuing a decree of declaration.
They help in filing Injunction Suit- The lawyers help in filing an injunction suit on your behalf. It works as an effective remedy against any fraud or cheating played by a third party.
You will need a well-experienced and competent property lawyer to know about your property rights after your father and to move the court if your rights are being violated. Property lawyers in Bangalore can be hired if you want to know about your property rights after your father in Bangalore.
If you want to know about your property rights after your father in Hyderabad, then Property Lawyers In Hyderabad can be hired. Likewise, Property Lawyers In Banglore can be hired if you want to know about your property rights after your father in Delhi.
You can talk to a lawyer from Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.
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