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akileshsan (a)     06 February 2012

The hindu succession act

My Father has six children / 4 son and 2 daughter . He died in the year 2005 and mother died in the year 2006 . My second sister dide in the year 2000 leaving behind 2 daughters . My  First sister unmarried and alive


In view of mitakshara law , Hindu succession act 1956 and hindu succession ammendment act 2005 .


My second sister born before 1956 ( i.e 1955 ) and died before 9.9.2005 .

1) What is the share of her 2 daughters ?

2) What is the share of unmrried daughter ?

3) What is the share of 4 sons



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 February 2012

Dear Querist,

You've not mentioned the nature of property. Assuming it to be ancestral - this is how the shares would vest. 

Lets assume before the death of Father - property was held by Father/4 sons & 2 daughters in 1/7th share each. After father's death - his 1/7th share further gets divided in sons, daughters and his widow - each taking 1/7th share each. Now when the mother dies her 1/7th share goes out to all the children. 

Now 4 brothers hold - 1/7th + 1/7th of 1/7th + 1/7th of 1/7th - and so do the sisters. 

on the death of second sister - her children take - 1/2 each of share held by her at the time of her death. 

 

Feel free to seek any clarifications.

 

Best of Luck !

 

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM) 

akileshsan (a)     07 February 2012

hi bharat


The Nature of the property is Self Acquired

lawyer_rajiv (9811284735) (lawyer)     07 February 2012

in case its a self acquired property, the same would devolve amongst the children and the share of deceased sister be equally divided between her two children.

Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

As their is no WILL for self-acquired propery,

The property will be divided in 6 equal parts,for 4 sons & 2 daughters now.

The deceased daughter's share will be divided half each between her daughters.


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