Property distribution
rahul dehal
(Querist) 06 March 2012
This query is : Resolved
i am a hindu. we are two children of our parents one son and one daughter. i was born in 1981. my sister born in 1984. our parents died in 1990. we have ancestral property of agricultural land near indore which is 400 acre land. me and my sister wants to distribute property among us.
today we both have names on property
what would be my share legally?do i gets more share then my sister by law.
Raj Kumar Makkad
(Expert) 06 March 2012
As your parents died in 1990 so legally your sister shall have only right to maintenance in the ancestral properties left by your parents.
Legally you are entitled to retain 3/4 and your sister 1/4 share.
R.K Nanda
(Expert) 07 March 2012
You both have 1/2 share each.
Raj Kumar Makkad
(Expert) 07 March 2012
#Rajeev & Nand!
Equal share in the ancestral property of daughter had been recognised vide HSA 2005, how the daughter in the given case is entitled to retain equal share prior to that?
Deepak Nair
(Expert) 07 March 2012
Dear Rajkumar Sir,
Here they are the joint owners of the property and the partition is not yet done.
The 2005 Act applies here as the partition will be done now.
Sec.6 of HSA 2005 states that:- "nothing contained in this Sub-Section shall affect or invalidated any disposition or alienation including any partition or testamentary disposition of property which had been taken place before the 20th day of December, 2004"
Thus, the property will be devided equally among the querist and his sister.
rahul dehal
(Querist) 11 March 2012
sir , but my right is from my birth and i and my sister were born before ammenmend.the property is ancestral so why i should get only half part. please clarify respected wise people
rahul dehal
(Querist) 11 March 2012
also our parent died before ammendmend please keep this in view too
adv. rajeev ( rajoo )
(Expert) 07 March 2012
