Divison of ancestral property

amit nayan (Querist) 05 January 2013 This query is : Resolved
mr ram kishore had 16.5 hectare ancestral land in indore mp. he had 1 son and 4 daughters. ram kishore died in 1962. his wife durga devi died in 2011
all the four daughters and son have their name on khasra P1 and P2 record and on revenue record book. son was born in1940 daughters born in 1952 ,1956 ,1958 ,1961.

sons name and durga devi name was on record since 1971. the name of daughters came on record in 2009

how would be the partition to be done under hindu succession act? what will be share of each? Do daughters have equal rights after ammendment of 2005 in section 6?

there is doubt as son is co parcener by birth but partion is demanded by him after 2005. so does daughter can get equal share?

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Raj Kumar Makkad (Expert) 05 January 2013
Daughters have not equal share in the land as on death of their father during the year 1962 as per HSA 1956 the land was distributed in the following manner:

Son: 17/36 share

Widow: 17/36 share

All 4 daughters: 1/72 each (total-1/18 share).

Now after demise of their mother during the year 2011, the son and daughters shall inherit the share left by their mother in equal share thus their shares shall be as under:

Son: 17/36+(17/36 X 1/5)=51/90 share

Daughters: 1/18+ (17/36 X 4/5) = 49/90 share

amit nayan (Querist) 06 January 2013
thank u sir

Raj Kumar Makkad (Expert) 06 January 2013
ost welcome amit narayan.

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