Coparcenary property distribution
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
My grand father (mother's father) has an agricultural property with a house, out-house, garden, etc located in North Kanara dist. of Karnataka. He died intestate in the year 1951. His wife also died in the year 1983.
My grandfather had 4 daughters and 4 sons. Out of 8 children, 3 brothers and 2 sisters have died, one of them is my mother. There is only 1 surviving son and 2 daughters.
We are in the process of selling the above mentioned property. The surviving son claims that since the property was coparcenary, and hence it was devolved amongst the 4 sons. The daughters did not have any right to claim share in the property. He says that father had died in 1951 and the Hindu succession act came into effect in 1956 and hence the succession is by coparcenary act. I understand that Hindu succession act 1956 was amended in the year 2004 wherein the daughters have equal share in the coparcenary property. With this amended act of 2004, can you please confirm/clarify if the daughters ( one of them is my mother who is dead)will have a share in the property.? We are 2 brothers. Since my mother is dead, can we become one of the legal heirs of the said property.
Regards
L.G.Kumar
R.Ramachandran
(Expert) 26 April 2011
In the year 1951, the property would have gone to four sons.
Thereafter, the share falling to each of the son has to be dealt with separately. At that relevant point of time, the daughters (your mother and her sisters) had no right to the ancestral property. Therefore, you cannot claim any share in the said property.
