succession
Querist :
Anonymous
(Querist) 01 November 2009
This query is : Resolved
Hello. my problem is very simple-
My grand father died with 2 sons and 1 daughter(who is my mother). Can my mother claim for a share in property?
She was married in 1987.
Raj Kumar Makkad
(Expert) 01 November 2009
When did u maternal father died? If he died after 2005 then your mother is entitled for the equal share but if your maternal grand father died before 2005 and your grand ma also died before him then your mother is entitled for the grant of 1/12 share out of total property left by your grandfather.
adv. rajeev ( rajoo )
(Expert) 02 November 2009
Your mother is entittle for 1/3rd share in your grand father's property, bcause she is coparener, she has equal right.
Sachin Bhatia
(Expert) 02 November 2009
Your mother is entitle for 1/3 share in your grand father's property.
Anish goyal
(Expert) 02 November 2009
Rajeev sir i don't think she is claiming as a coparcnr but she is a class 1 heir
Anish goyal
(Expert) 02 November 2009
Raj sir i don't think amendment of 2005 has made any difference in this case. Daughter is a class 1 heir and will get 1/3 share. If m wrong please help me.
Shivasurya
(Expert) 02 November 2009
I agree with Mr. Anish Goyal, your mother comes under the 1st class legal heirs of your grand father, according to Hindu Succession Act, your mother is having 1/3rd right on your grand father's property
Vineet
(Expert) 02 November 2009
I also agree with Mr Anish. This is a case of intestate succession and daughter being class-I heir will get 1/4th share in the property, if at the time of death of your grandfather, your grandmother was alive. Otherwise she would get 1/3rd share in his property (both self acquired and his coparcenery share in any HUF property of which he was a member).
Of course, Makkad Sir's view regarding date of death is also important with regards to Dweling House (section 23). If the death occured before 2005, your mother cannot claim partition of house inwhich family is residing, but she will get share (as above) once the other male members decide to partition the same.
J K Agrawal
(Expert) 02 November 2009
Dear Expert Vineet, Expert Shivasurya, expert Anish Goyal, Expert Sachin Bhatia and Expert Rajeev
I think you should re study and understand the words coparcernery, HUF, Survivorship, per strip, per capita joint tenants, tenants in common etc. These words are quite interesting. Of course you should have coaching with some expert as I think by self study of books you will loose some part.
To understand properly pl go to the supreme court decision GURUPAD KHANDAPPA MAGDUM VS. HIRABAI KHANDAPPA MAGDUM -AIR 1978 SC1239 , 1978-SCC-3-383 , 1978 (TLS)26711.
Raj Kumar Makkad
(Expert) 02 November 2009
I cannot use words as used by Sh. J. K. Aggaewal but certainly the law of property and inheritance requires more attension by we all experts as daily people raise quarries in this forum and we should very well be prepared to reply accurately. I still insist on my reply. Prior to 2005, daughters had the right to maintenance and not equal share in the property left by their father and only in the year 2005, new amendment has taken place vide which they have got equal share along-with all other legal heirs of their father.
