Ancestral property
Querist :
Anonymous
(Querist) 12 July 2011
This query is : Resolved
Sorry to post this query again. As i felt i didnot ask my earlier query correctly and i got differnt opinions, i hv redrafted again. pls help to answer
//
My father's sister who is married in 1969 is claiming for ancestral property. My grandfather died in 1952. Ancestral property came to my father in 1962/63 as he was eldest son as below:
My Great Grand father (A)
My Grand Father (B) & 2 Brothers (C & D)
My Father (E) & His sister (F)
Property came from A to B (as B was the eldest son) and B died in 1952.
Property came from B to E (B to E in 1962/63) as E was the eldest son.
F got married in 1969. 1 acre land was sold by E in 1969 for the marriage of his sister F and in the sale deed there is a mention of that.
Land divided among E, C& D in 2002 and 2003 based on prior verbally agreed partition arrangment
Now F (my father’s sister) she is claiming share in E's property.
Pls help to answer below:
1. kindly clarify if she is entitled to the land in view of Karnataka high court order judgment on hindu succession act as per which daughter is a coparcener by birth as of a son and has equal share. Has she got any rgiht and if so is it equal share?
2. Can the land sold for her marriage be considered as her share?
3. Karnataka High court order dated 19/03/2010 providing equal rights to daughters by birth on or after 17/06/1956 and if partition is made before 2004 whether she has any right?
//
R.Ramachandran
(Expert) 13 July 2011
B might have got his share. B and E are the coparcenars. Therefore, upon the death of B, the property will stand partitioned and 1/2 share will go to B while another 1/2 share will go to E.
Since "B" died without leaving any Will, his share will go by way of inheritance equally amongst all his legal heirs (i.e. widow, son E and daughter F). If the mother of E&F has died without will, then her share will go equally amongst her legal heirs E and F.
Ultimately, E is entitled for 1/2 from partition and 1/2 of B's share (i.e. 1/2 + 1/2x1/2= 3/4th of original B's share). F is entitled to 1/2 of B's share i.e. 1/2x1/2 = 1/4th of the original B's share.
Spending on marriage of F will have no consequence, it is the duty of the family to perform the marriage of the girl child.
Querist :
Anonymous
(Querist) 13 July 2011
Sir,
Thanks for your kind response. I dint understand first part //After B s death half propery should go to B&E or E&F?
E&F are son and daughter of B.
B Got undedived property from his father A. B had two brothers C&D (sons of 2nd wife of A). Since B was elder property came to his name. After B's death (died in 1952) undevided property came to E. In 2002/03 property shared between E C &D equally. F got married in 1969 and E sold 1 acre of land for her marriage. F is now claiming share in remaining property of E
R.Ramachandran
(Expert) 13 July 2011
I know B and E are father and son. E and F are brother and sister.
Since you said that the property came from B to E in 1962/63, I assumed that B died in the year 1962/63 and gave my above answer. (I completely missed out the point that B died in the year 1952 itself.)
In view of the fact that your father B died in the year 1952 (much before the coming into force of HSA Act, 1956), you have become the owner of the property by doctrine of survivorship, you being the only surviving corparcener.
No one else, including your sister, has any right to claim any share in the said property. However, the property in your hands is "ancestral" in nature and your sons and daughters have coparcenary rights in the same.
Sorry, for my missing the fact of demise of your father in the year 1952.
