Question - What was the share of daughter’s daughter in ancestral property in 1974?
Facts:
F (Father -died in 1960)
Heirs:
M (Mother – died in 1972)
S1, S2 , S3, S4, S5, S6 (6 Sons)
D1 (Died in 1974), D2, D3 (3 Daughters)
D1S1, D1S2 (2 Sons of D1)
D1D1, D1D2 (2 Daughters of D1)
What was the share of D1D1 in 1974?
Answer –
First, we need to determine daughter D1’s share in ancestral property:
1. Before Amendment of 2005, daughters did not get coparcener’s share and were only entitled to share in Father (+ Mother)’s share. Therefore, for determining their share, we need to know notional share of Father F at time of his death.
2. D1’s share in F’s share:
At the time of death of Father F, his “notional” share was 1/8 (Everyone of Six sons, Father & Mother had 1/8th share)
Therefore, D1’s share after death of F was 1/10th of 1/8 of F’s share i.e. 1/80.
D1's share in M's share:
3. Mother M’s share (after death of F) was 1/8 (her own share as per notional partition) + 1/80 (her share in share of her husband) i.e. 11/80
So D1’s share in M’s share (after death of M) was 1/9th of M’s share i.e. 1/9th of 11/80 i.e. 11/720
4. From 1 & 2:
D1’s total share is 1/80 + 11/720 = 1/36
Now, we determine daughter’s daughter D1D1’S share out of share of D1:
5. Now D1D1’s share in 1974 was 1/4 of D1’s share i.e 1/4 of 1/36 = 1/144
So D1D1’s Share in ancestral property was 1/144 in 1974.
Please, correct if I am wrong.