DEVOLUTION OF HINDU PROPERTY
Querist :
Anonymous
(Querist) 26 October 2010
This query is : Resolved
DEAR SIR,
MR.M. DISTRIBUTED HIS SELF EARNED PROPERTY IN MUMBAI BY REGD.PARTITION DEED IN YR 1955 TO HIS SONS A.B.C.&D IN PARTITION DEED MR M. PUT NAMES A1,B1,C1 &D1 AS THEIR RESPECTIV MINOR SONS (MR M'S GRANDSONS)BUT MR M AVOIDED HIS GRANDAUGHTERS NAMES OF HIS RESPECTIVE SONS.NOW MR M ALSO DIED AND ALL HIS SONS DIED INTESTATE IN YEAR 2003,1988,1992& 1984 CAN THOSE GRANDAUGHTERS CLAIM THIS PROPERTY?IS IT A COPARCENERY PROPERTY?
Adv Archana Deshmukh
(Expert) 26 October 2010
Same query was asked in the name of vivek patil on 21 oct... It is not a coparcenary property, the grand daughters can claim as class I heirs of their father in their father's share / property.
R.Ramachandran
(Expert) 26 October 2010
You say that it is the self-earned property of M.
If it is his self-earned property then he can do whatever he wants with it. He can dispose of the same in any manner he wants. No body can question.
If he had distributed amongst his sons and grand sons, it is perfectly OK.
The grand daughters cannot question it and the grand daughters cannot claim any share in it.
It is no doubt a co-parcenary property. Now it is a co-parcenary property in the hands of the grand sons.
Since the partition had also taken place prior to 1955 (i.e. prior to the coming into force of the Hindu Succession Act, 1956) the said partition is valid. Exclusion of the grand daughters cannot be challenged.
niranjan
(Expert) 26 October 2010
I agree with opinion of learned Archanaji.
R.Ramachandran
(Expert) 27 October 2010
I stand corrected. I agree with Adv. Archana - that in respect of the share of your father, all the Class-I legal heirs will have share (including your brother - who has already got his share as a co-parcenar), since your father has not left any will in favour of your brother, but died intestate. (Earlier I was under the impression that your father had given his interet in the property to his son i.e. your brother through WILL. That was my mistake)
