Is there a deadline for a daughter to claim a share in father's property if he dies intestate?

Is there a time frame for a daughter to claim her share in father's property?

• No time limit under Hindu Succession Act for filing a claim
• Limitation Act allows 12 years from when right to sue accrues
• Daughter can file suit after her claim is denied or excluded

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A daughter can claim her share in her father’s property either through a will or under the Hindu Succession Act if he dies intestate. Today's Ask Wallet Wise query answers if if there is a deadline under succession law and the conditions under which such a claim can be filed.

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Is there a time frame for a Hindu daughter to claim her share in Hindu father's property who died intestate?

Expert's advice: Before I proceed to give my advice, I will strongly advise you to consult a qualified lawyer with the full details for advice depending on your situation.

If the Hindu father had made a valid will, the assets are distributed by the executor among the legatees as per the instructions in the will. If a valid will is not made for all or some of the assets, the person is said to have died intestate in respect to such assets. In case of intestate death, all his assets or the assets which are not part of the will are inherited by the legal heirs according to the Schedule of the Hindu Succession Act, 1956, immediately on the person's death.

So, if the father made a will giving a share of the property to the daughter, she can claim it under the will. If he dies without a will, the daughter can file a suit for claiming her share in the property left behind by the father.

There is no time limit prescribed for filing such a suit under the Hindu Succession Act, 1956. But, the Limitation Act, 1963 prescribes a period of 12 years within which the suit for claiming the possession or for declaration of shares in the property from the day when the cause of action arises.

People are under the impression that the period of limitation starts from the date of death of the person, which is not the correct interpretation. The period of limitation begins from the date when the right to sue accrues, which is generally the date when her right is denied or when she is 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.

So, first the daughter has to make her claim for her a share in the property left behind by the father as per the will or the share for which she is entitled as legal heir under the Hindu Succession Act through a written notice. It is only after her right is denied, she becomes eligible to file a suit to claim her share in the property.