Daughter's share in fatres property
mukund
(Querist) 27 July 2013
This query is : Resolved
my mother's father has 50 acres land
my mother married in 1950
can she get share in her father's property?
prabhakar singh
(Expert) 27 July 2013
You have not told how your mother's father got those 5o acres and you also have not told your mother's father is alive or dead?
The wanted facts are creating disability in giving the answer.
mukund
(Querist) 27 July 2013
it is ancestor's property
& my gran father is dead. he expired in 1962.
partition has not yet taken place
my mother also expired recently.
can i claim property
prabhakar singh
(Expert) 27 July 2013
The succession opened on death of your mother's father in 1962,when only male coparceners had right and not females,then devolution already taken place in 1962,your mother's right as a coparcener recognised in 2005 can not govern the case is my view,yet whatever her father had share as a coparcener shall devolve upon his class I heirs(including your mother)as he died in 1962 much after passing of HSA,1956.,and whatever share so devolved upon your mother
became her absolute which shall devolve upon his son.
prabhakar singh
(Expert) 27 July 2013
As disguised was the query then disguised is the answer too.
Rajendra K Goyal
(Expert) 27 July 2013
A Daughter has equal right in the ancestral property of her father.
mukund
(Querist) 27 July 2013
thank you all of you.
so you mean to say my mother's marriage which took place in 1950 has no effect on the facts of the case. is it so?
prabhakar singh
(Expert) 27 July 2013
To me that is so unless there is some amendment by state legislature of concerned state in HSA,1956.
Raj Kumar Makkad
(Expert) 27 July 2013
I do not agree with the advice of Rajender Goyal. Your mother had not equal share in the ancestral property on the demise of your maternal grand father during the year 1962. She had only right to maintenance.
He share shall definitely go in favour of her legal heirs,
Raj Kumar Makkad
(Expert) 27 July 2013
Had you mentioned the legal heirs of your maternal grandfather during the year 1962 on his demise, the exact share of your mother can also be calculated.
Raj Kumar Makkad
(Expert) 27 July 2013
The issue of year of marriage of your mother has nothing to do with the succession.
mukund
(Querist) 28 July 2013
Mr Rajkumar Makkad,
my grand father had two sons and two daughters one of which is my mother.what will be the exact share of my mother.
prabhakar singh
(Expert) 28 July 2013
IN 1962 when succession opened the coparcenary consisted of three in which deceased had 1/3 then on his death the same shall go in equal to his surviving 2 sons and 2 daughters equally; hence your mother's share would count 1/12.
prabhakar singh
(Expert) 28 July 2013
But a judgement of Supreme Court,though wrongly rendered in my personal view,can do wonders to your mother's share claim.A case based on this judgement would be that as there had been no partition ,due to amendment in 2005 daughters taken to be treated as sons;coparcenary would be of 5 in which your mother had 1/5 and her sister and 2 brothers and father had 1/5 each; therefore on her father's death only 1/5(that of father) would be shared in equal by his 4 heirs left behind ;so this theory gives your mother or her heirs 1/5 plus 1/20.
Supreme Court of India
Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. on 12 October, 2011
Author: R Lodha
Bench: R.M. Lodha, Jagdish Singh Khehar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8538 OF 2011
(Arising out of SLP (Civil) No. 9586 of 2010)
Ganduri Koteshwaramma & Anr. .... Appellants Versus
Chakiri Yanadi & Anr. ....Respondents JUDGMENT
R.M. Lodha, J.
indiankanoon.org/doc/1103994/
Raj Kumar Makkad
(Expert) 29 July 2013
The judgment is required to read in its entirety before reaching to a definite conclusion.
prabhakar singh
(Expert) 29 July 2013
And the judgement was much discussed among experts here including Mr.Makkad & Mr.Ramachandran with reference to a query from MP years ago.
