Property
shree sharma
(Querist) 26 August 2013
This query is : Resolved
what share a daughter gets .
if a hindu dies before 2004 leaving ancestral property of his grandfather and property was not divided till ammendment of 2005
the property is now to be divided among 4 daughters and 1 son land is 130 acre in MP.
father died in 1967.mother died in 2010
alive heirs are 4 daughters and 1 son.
land is ancestral.no division took place before today among heirs .all heirs have their name on revenue records.
son born in 1940.
daughters born in 1955 1958 1959 1961.
(a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
what does it mean.
though heirs born before act but partion is to be made now?
plz help
J K Agrawal
(Expert) 27 August 2013
It simply mean that daughters have right in property.
Date of birth play no role here.
Raj Kumar Makkad
(Expert) 27 August 2013
The right to inheritance accrues to all legal heirs soon on the death of the father. At the time of the death of the father of these 4 daughters and one son during the year 2004 the following shares of the property gone to sons, daughters and their mother:
Son= 7/12
Daughters= 1/6 each
Mother= 1/6 share
After demise of the mother during the year 2010, her share shall go equally among her 5 children.
Advocate Ravinder
(Expert) 01 September 2013
I have not followed Makkad sir equation, can you pl explain me again relating to son share i.e. 7/12.
As per my calculation.
After the death of the father the property will be divided as follows:
Mother 16.66%
Son 16.66%
daughters 16.66% each (4 daughters)
After the death of mother the property is divided into 5 parts i.e. 3.33% and will be added to son and daughters share as follows:
son 19.99% (16.66% + 3.33%)
daughters 19.99% each (16.66%+3.33% each)
J K Agrawal
(Expert) 03 September 2013
Dear Mr Ravinder
Ld Makkad Sahib is Old person and think old.( i mean from old time).
His equation is as under
In 1967 it was law that just before the death of a Hindu a notional division will take place.
In more simple simple language 'it will be assumed that just one minute before the death of a person, all the coparceners (not heirs)have divided there property.' Here in this example only father and son are coparceners. so it will be assumed that Property of Father divided in father and son just before the death of father that is 1/2 of father and 1/2 of son.
Now deceased 1/2 share only will be available to be devolved among his W, S, and 4 D equal to each that is 1/6 of 1/2 part that is 1/12 part to each. The son is already having 1/2 part so his share is 1/2 + 1/12 = 7/12. I think you are clear now.
As such Resp Makkad Sahib is right throughout in his answer.
But respectfully I want to raise a doubt over answer of Shri Makkad Sahib with regard to present situation.
The amendment says that there should be actual division by meats and bounds before 20-12-2004. I think that this supersede the principle of Notional Division. If so is the situation, the answer given by you is right one.
shree sharma
(Querist) 05 September 2013
so conclusion is that daughter will get equal share same as son that is 20% each?
Inspite of their birth before 2004?
