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Megan sinha (Bussiness)     22 August 2013

Division of fathers property

Hello sir ,   In a fathers acquired property , want to know if father dies without making will then as per Hindu succession  all son and widow gets equal share  they all staying in same property (house) can mother gift or will her share to any one son of her wish or property will be shared among the all son..pls explain me.  Thanks



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 2 Replies

A.SUMATHY 9380902017 (LAWYER)     22 August 2013

Widow have all rights to execute or create any encumbrance of her share.

milesmaxx (Employee)     26 August 2013

Under Hindu Succession [Amendment] Act 2005 The daughters have become entitled to inherit property in the same manner as sons as not the daughter also becomes a "coparcener" right from the birth itself: -

Relevant extract of Section 6 of the Hindu Succession [Amendment] act 2005 is as follows: -

'6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the
Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara
law, the daughter of a coparcener shall,-
(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a
son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a
daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or invalidate any disposition or
alienation including any partition or testamentary disposition of property which had taken place
before the 20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be
held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding
anything contained in this Act, or any other law for the time being in force, as property capable
of being disposed of by her by testamentary disposition.

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Miami Beach Florida Real Estate


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