divison of agriculturer land
kapil dehuliya
(Querist) 21 March 2011
This query is : Resolved
ram prassad died in 1963,her wife died in 2008,ram prassad had 10 acre land, haw would be it divided among one son and one daughter,plz mention some rulings too, would be the division equal or something else. its being a matter of "svatav" of daughter.
R.Ramachandran
(Expert) 22 March 2011
The son and daughter being the Class-I heirs of the deceased, are entitled to equal share in the property left behind by the deceased. It is a statutory provision. No court ruling is required as rightly pointed out by Mr. Rajeev.
Bhupender Singh-09466371020
(Expert) 23 March 2011
In that case mr rajeev the partition is should be equally in both as per the law said that Class I heirs of the deceased.
If the daughter is not interested in this property if she is married she can leave his part of property as gift deed to you.
this is fixed by the Hindu law so no rulling required.
THE HINDU SUCCESSION ACT OF 1956 WAS AMENDED WITH RETROSPECTIVE EFFECT, CONFERRING EQUAL RIGHTS IN THE HUF/ANCESTRAL PROPERTIES THAT OF A SON, IF IT HAD NOT BEEN PARTITIONED BEFORE 20-12-2004. WITH A VIEW OF EMPOWERING HINDU WOMEN, THE PARLIAMENT PASSED THIS AMENDMENT AND SUBSTITUTED SECTION 6 OF THE ACT, WITH A NEW CLAUSE, THUS DECLARING THE DAUGHTER OF A COPARCENAR EQUAL TO A SON UNDER MITHAKSHARA LAW.
‘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.
Hope your query is clear in ur mind.
