Partition
basavaraj shiromani
(Querist) 18 March 2012
This query is : Resolved
I would like to ask question regarding a woman who born prior to 1956 is entitle to get share in ancestral properties along with her brothers. She is unmarried. But father died before 1956. What remedy is available. Whether she be called as co parcener ? what is her share ? In Parvat Chandra Pattnaik And Ors V/s Sarat Chandra Pattnaik And anr, it is held that the daugher whenever she may have born, she is entitle to get share. But I am little bit confused. An married daughter, is she entitle for her share in the ancestral properties ? Are there any recent rulings please provide.
Raj Kumar Makkad
(Expert) 18 March 2012
As the right of inheritance accrues in favour of coparceners only on the demise of predessor in interest and in the given case the father died prior to 1956 so such unmarried daughter has got no right in the property left by her father.