succession under hindu law 1925

kapil dehuliya (Querist) 15 April 2011 This query is : Resolved
A has ancestral property,he has one one son and one daughter, both a and his wife died then what share would a daughter gets under hindu law 1925 ?

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R.Ramachandran (Expert) 15 April 2011
What is the special reason for you to invoke the 1925 Act now. When did 'A' and his wife die?

M.Sheik Mohammed Ali (Expert) 15 April 2011
as per current hindu law both are equal share in ancestral property.

kapil dehuliya (Querist) 15 April 2011
i am asking, this question because son was born before 1956.and daughter was born in 1956, there was no division of land till date between son and daughter,and now division process is started, and everyone is saying its a complicated case.

Naresh Kudal (Expert) 15 April 2011
Current law will apply in your case and you have 1/2, 1/2 share in property.

R.Ramachandran (Expert) 16 April 2011
Dear Mr. Kapil
You have not answered my query: When did 'A' and his wife die?

kapil dehuliya (Querist) 16 April 2011
sir A died in 1963, and his wife died in 2008.son was born in 1938(before hindu succession act 1956).daughter born in october 1856

R.Ramachandran (Expert) 16 April 2011
Since you say it was 'ancestral property' and your father died in the year 1963 without leaving any WILL, first the property will be partitioned as under:

(1) 1/2 share to son (you)
(2) 1/3rd share of the (1/2 share) to your mother, you and your sister.

Since your mother also died in the year 2005 without leaving any will then her 1/3rd share of 1/2 in the ancestral property has to be divided equally between you and your sister.

subbareddy (Expert) 19 April 2011
From your precise point the act 1925 does not attract and 1956 act will apply and there is no difference male and female in ancestral property shares as per central amendment act. go through hs act s. 4 amended by act, 2005 (39 of 2005 w.e.f 9-9-05

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