hindu succession
kapil dehuliya
(Querist) 18 November 2010
This query is : Resolved
mr dilip sharma had a ancestrol property, he died in 1962. he had one daughter and one son,after the death of dilpji property was in nomination of son and wife of mr dilip,as daughter was minor at that time, after death of wife of mr dilip, his daughter wants the partion what would be the share of daughter in her fathers ancestrol property,mr dilip belongs to hindu family.please mention the share percentage wise.please explain me in easy language as i am not a law expert, waiting for expert opinion curiously.............
R.Ramachandran
(Expert) 18 November 2010
Normally the ancestrol property in question would have been shared between dilip sharma and his son [being the male coparcenars] at 1/2 each.
The 1/2 share of dilip's son will continue.
Now that Dilip sharma has died, how that 1/2 share of Dilip sharma will be shared is the only question. The said 1/2 portion will go equally to both the son and daughter.
Ultimately 3/4 of the entire property will go to Dilip Sharma's son and 1/4th will go to his daughter.
Uma parameswaran
(Expert) 18 November 2010
Daughter can claim half of the share from the property which is in the name of her mother.
VENKATRAMAN SHRINIVAS
(Expert) 19 November 2010
The persons involved in the deal are all Hindus. The father had died and the property which was ancestral continued to be in the family fold. Since there was no partition at any stage and property does not lose its character as ancestral HUF which status remains uptill now (as deduced from the given facts)In such a situation partition shall be deemed to take place only now. By virtue of the amendment o the Hindu Succession Act conferring equal right to female members of a Joint family, th daughter would get equal right.
R.Ramachandran
(Expert) 19 November 2010
Dear Mr. Venkatraman,
If your view is correct, then
what is the effect of the following unamended provision in HSA 1956 to the given fact situation?
"6. Devolution of interest in coparcenary property. - When a male hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by surivorship upon the surviving members of the coparcenary and not in accordance with this Act:
PROVIDED that, if the deceased had left him suriving a female relative specified in Class I of the Schedule or a male relative speified in that class who claims through such female relative, the interest o the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship."
Please remember the Hindu male (Mr. Dilip Sharma) who had interest in the coparcenary property died in the year 1962 [at that point of time none-of the State Amendments to Sec. 6 or the Central Amendment 2005 of Section 6 was in place].
