Share in property hsa 2005

Querist : Anonymous (Querist) 15 December 2011 This query is : Resolved
Dear Experts

A Hindu Father died in 1999 without partition or will living one son and one daughter.{coparcenary Property)

Daughter married in 1980. Now can she claim EQUAL SHARE (Half Share) under Amendment 2005 of hindu successions act?

OR Only 1/4 of property

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Nadeem Qureshi (Expert) 16 December 2011
ACCORDING TI 1956 aCT, 2005 AMENDED ACT NOT APPLY TO HER

M.Sheik Mohammed Ali (Expert) 16 December 2011
yes, as per latest amendment the daughter could not get shares

kusum gupta (Expert) 16 December 2011
she will get equal share if it is not the agricultural property in that case she will not get any share
kusum gupta
08826805283

Raj Kumar Makkad (Expert) 16 December 2011
Daughter has only right to maintenance in ancestral property prior to 2005 so in the given case, she is entitled for only 1/4 share.

prabhakar singh (Expert) 17 December 2011
If it was a coparcenary then according to me the death of father taking place in 1999,1/2 was of father and the other1/2 was of son as coparcener and out of father's 1/2 1/4 devolved upon son and the other 1/4 on daughter quite before amendment made in 2005.
BUT in view of a recent decision of Supreme Court as no final partition arrived at before the amendment of 2005 and the legislation being beneficial,the share of daughter would be 1/3 as coparcener 1/6 as heir of her father totaling to 1/2.The other part of son also being 1/3. plus1/6=1/2.

2011 STPL(Web) 886 SC
SUPREME COURT OF INDIA
(R.M. LODHA & JAGDISH SINGH KHEHAR, JJ.)
GANDURI KOTESHWARAMMA & ANR.
Appellants
VERSUS
CHAKIRI YANADI & ANR.
Respondents
Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010)-Decided on 12-10-
2011.
Hindu Succession - Coparcenary property - Daughter
JUDGMENT
R.M. Lodha, J.-

Dayananda Gowda (Expert) 17 December 2011
She is get equal share.

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