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muraliram (clerk)     31 July 2012

Daughters right in fathers joint family property

 

    Mr. A is having 6 children four sons and two daughters. Mr. A has acquired a property from his own earnings, a year after Mr. A`s death one of the son was forced to file a O S in 1969 in Bangalore for partition and separate possession as his brothers were planning to sell some of the properties without his knowledge.

    Later in 1975 a preliminary decree was order was passed in as plaintiff entitled for 1/7th share four sons, two daughters and there mother where as the mother also died after few years and an appl was filed to merge the mother’s share and all entitled for 1/6th share.

 

     The daughter took equal share in moveable items and in immoveable items they took ten percent of 1/6th share. The O S is now for FDP as there were some cases in land tribunal the O S/FDP is still pending. as on now all sons and daughters of Mr A are dead and LRs are on record.

 

     Now my query is Daughter’s of Mr A were married before 1956 and they are no more will their LRs are entitled to any share. if yes what is the quantum of share and they are not attending the case.

       

      Thanking You                                                                                         Yours sincerely,

                                                                                                                          Muraliram.



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 2 Replies

Anish Thakur 7018812737 (advocate)     31 July 2012

  1. dear querist
  2. first of all daughters were not entitled to get share in the coparcenary property before 2005 amendement in indian sucession act
  3. they are only counted as residuaries befire 2005 amendent
  4. the share if granted to them can be revoked as no right were inherited thru law that time as it is granted before year 2005
  5. feel free to call

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