Inheritance Laws: Timeframe for Claiming Intestate Property Share

Hindu Succession Act: Claiming Share in Intestate Property

Overview

In the event of a Hindu father's intestate death, a daughter can claim her share in the property under the Hindu Succession Act, 1956. This report outlines the key conditions and time frames for filing a claim.

Claiming Share through a Will

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If the father has made a valid will, the assets are distributed among the legatees as per the instructions in the will. In this case, the daughter can claim her share as per the will.

Claiming Share under the Hindu Succession Act

If the father dies without a will, the daughter can file a suit for claiming her share in the property left behind. The Hindu Succession Act, 1956 does not prescribe a time limit for filing such a suit. However, the Limitation Act, 1963 sets a period of 12 years from the date when the cause of action arises.

Key Conditions for Filing a Suit

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The period of limitation begins from the date when the daughter's right to sue accrues, which is generally the date when her right is denied, excluded from the property, or when another heir refuses to acknowledge her share, takes exclusive possession adversely, or a sale/alienation of the property happens without her consent.

Step-by-Step Process

1. The daughter must make a written claim for her share in the property left behind by the father as per the will or the share for which she is entitled as a legal heir under the Hindu Succession Act.
2. If her right is denied, she becomes eligible to file a suit to claim her share in the property.

Note

It is essential to consult a qualified lawyer with the full details of the situation for personalized advice before proceeding with any claims.