HUF property partition /Nair / Kerala

Querist : Anonymous (Querist) 02 March 2010 This query is : Resolved
Grant mother( Mother's mother) had agricultural land in her name. She expired on 1981. She had 9 children ( 6 sisters and 3 brothers)6 sisters have 8 children. Last year one of the sister expired. Now the family has decided for a partition of the agricultural land.

Qn. 1. As per the existing law the above
agricultural land will be
divided among how many members?
Is it among 9 ( 6 sisters & 3
brothers) or including the 8
children of the 6 sisters?

Qn no.2 Since one of the sister expired
whether her share will be
transferred to her husband who
is in receipt of the family
pension being the nominee(legal
heir)

Kindly answer the above questions.

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Querist : Anonymous (Querist) 02 March 2010

adv. rajeev ( rajoo ) (Expert) 03 March 2010
each will get 1/9th share. The deceased sister's 1/9th share can be claimed by her legal heirs.

Kumar Thadhani (Expert) 03 March 2010
I DO AGREE WITHEXPERT MR VADARALI.

Raj Kumar Makkad (Expert) 03 March 2010
I do not agree with rajeev. As the mother of legal heirs died in 1981 so her daughters shall be entitled only 1/24 share each means daughters shall be entitled for 1/4 share in all whereas rest of 3/4 share shall be inherited by three sons of the deceased in equal share means they shall be entitled to inherit 1/4 share each as per Hindu law applicable at the time of demise of their Hindu mother.

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