Inheritance
Tushar Kochale
(Querist) 21 January 2012
This query is : Resolved
Do the Hindu married daughters of a deceased person (father) are entitled to his property. No daughter is widowed.
The person has died in 2001 and the names of all his sons and married daughters have been recorded in the government records after his death. Now daughters want equal share in the deceased's agricultural land. And if daughters are entitled to the property what will be the proportion of there share.
Which laws are applicable to this case.
State : Maharashtra
4 Brothers and 3 Sistes
Hindu Law is Applicable
Property is Ancestral
The deacesed got property from his father on father's death.
Will is made by the deacesed stating equal distribution among all sons and sisters.
Nadeem Qureshi
(Expert) 21 January 2012
Dear Tushar
the distribution of the shares will be as per the Hindu seccession Act, 1956
feel free to call
10. Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share. Rule 4.- The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre- decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.
prabhakar singh
(Expert) 21 January 2012
If deceased has not left behind him his widow or mother also then 4sons +3 daughters means 1/7 each one of sons and daughters.
adv. rajeev ( rajoo )
(Expert) 21 January 2012
Daughters will get equal share i.e., 1/7th share each. If it is ancestral. If it is self acquired property of deceased and there is will or anything then also daughters will get equal share.
Raj Kumar Makkad
(Expert) 21 January 2012
I totally differ with the advice of all experts as expressed above.
I presume that the decease has not left his widow and mother (means already expired) then the property shall be divided as under:
Sons-2/7 each
Daughters-1/28 each.
I think the experts have forgot to take note of the fact that the property is ancestral and the father of the parties in dispute had died in the year 2001. The eligibility to sisters was not available prior to 2005 and only a right to maintenance was available as per HSA.
Advocate. Arunagiri
(Expert) 21 January 2012
Mr. Makkad,
Can you please elaborate the calculation 1/28?
prabhakar singh
(Expert) 21 January 2012
Property inherited from father is called ancestral but shall not be called COPARCENARY unless author's father's father also inherited it from his father.
In case it was so that if property inherited by Authors'father from his father[i mean author's grand father]originally belonged to or was acquired by author's great grand father,then there would be a formation of coparcenary and in that case the query can not be answered unless following facts are supplied as information for right resolution:
1.was this property belonged to or was acquired originally by your great grand father?
2.How many of you[brothers and sisters] were born to your father in life time of your grand father??
3.What is the nature of property,agricultural or Abadi???
4.In which state the property is located????
Shonee Kapoor
(Expert) 23 January 2012
There are lots of ifs and buts with the answer of experts.
To answer we need to know:
1. Which state the case is in?
2. The property is coparcenary or not?
Unless these queries are known it can not be told with any surity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
