Property division

deepak joshi (Querist) 13 July 2013 This query is : Resolved
my father died in 1963. mother died in 2009. we are four sister and 1 brother. my father had 65 acre ancestral land . the property was in his name. now as both mother and father died. we 5 are the heirs

my name was on revenue record from 1970. my four sister got their name on record in 2010.there was no partition till date.

now we 5 want partition. we don`t want to go court and fight case.

how can 65 acre land would be divided. will everyone get equal share. that is 13 acre each or something other.please give detail suggestion as people are confusing us.some says son has a bigger share ,some says law is changed all will get equal share

we are hindu lives in indore (mp).land is also in indore.property is ancestral .4 sisters and 1 brother is alive

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Anirudh (Expert) 14 July 2013
Normally I insist for the complete background of the property to ascertain whether the property was indeed 'ancestral' or not.

But, in your case I CLEARLY GO BY YOUR WORD THAT THE PROPERTY IS ANCESTRAL.

If the property was ancestral in the hands of your father, then the property would be divided as under:

1. Upon the death of your father in the year 1963, as per Section 6 of the Hindu Succession Act, the property would first stand notionally partitioned between you, your father and your mother (because you belong to Bombay School of Hindu Law where the wife of the deceased gets one share). In other words, you, your deceased father and your mother would get 1/3 share each out of the 65 acres.

2. Since your father does not seem to have left any WILL etc., the 1/3 share falling to his portion will go by way of inheritence equally amongst all his legal heirs viz. his widow, son and daughters (I hope your father's mother was not alive when he died. In case she was alive, she will also be one of the legal heirs and therefore an equal share will go to her also). That is the 1/3rd share allocated to your father will be shared between all the 6 of you equally which is 1/3 x 1/6 = 1/18 each of 65 Acres, which comes to approx. 3.61 acres each.

3. Now your mother has got 1/3rd of 65 Acres (21.66) + 1/18th of 65 i.e. 3.61 Acres, Total 25.27 Acres.

4. Each of your sisters would have originally got 3.61 acres.

5. Now that your mother has also died, probably without leaving any will, her share in the property i.e. 25.27 acres, would have to be shared equally between the five of you i.e. 1/5x 26 = 5.054 acres each.

6. Ultimately, you will get approx. 30.324 acres (21.66+3.61+5.054), and each of your sisters would get approx. 8.664 acres (3.61+5.054).