Property share of women

Srinivas (Querist) 04 January 2009 This query is : Resolved
My grandfather had 6 children, he died in 1974. Four male children (including my father) shared the peoperty orally in 1974 itself, except my father all have sold their properties.
My father now wants to sell his share of property but his sister who is 80 yearold has filed a case for equal share. She was married in 1955 and has no husband she is having two children (one male and one female).
Whom would law favour if we file objections please answer ? My father or my aunt ?

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Guest (Expert) 05 January 2009
Mr. Prabhakar is right

RAKHI BUDHIRAJA ADVOCATE (Expert) 05 January 2009
I also agree with Mr. Prabhakar

Prashant Kumar Jha (Expert) 05 January 2009
My friend Mr Prabhaker is absolutely right i am agree with his best advice.

Srinivas (Querist) 06 January 2009
Respected lawyers and advocates, Sincere thanks for your replies. We are thinking of a compromise. Your messages helped a lot. Thanks again

J K Agrawal (Expert) 06 January 2009
My ld friends

In the question grand father was having 4 male sons at the time of his death.

A notional partition is must as per section 6 exp 1 of Hindu Succession Act 1956. (see Heerabai v Gurupad Leading S C CASE)and as suce the inheratable interest of Grand Father was 1/5 share in property.

Now the 1/5 share shall be devolve in six survivours as per said act.

In conclusion the aunt is entitling to only 1/30th part of total property and not 1/6 th.

I think I am differ.

Srinivas (Querist) 07 January 2009
Dear sirs/Madams, I can wait for some more replies from experts before coming into conclusion, may be another week or so, so I have put the query in 'open' mode.
Thanks

Agarwal sir, Can I get some online inormation on the leading SC case you have mentioned? Please let me know.
Thanks again
Srinivas

G. ARAVINTHAN (Expert) 07 January 2009
I agree with Agarwal Sir

J K Agrawal (Expert) 11 January 2009
You may pl contact me at advocatejk@yahoo.co.in or at 09414054426.
However it is Gurupad Khandappa
Magdum Vs. Hirabai Khandappa Magdum & Ors. 1978 (3) SCR 671

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