Deed of settlement , date of Execution:- 22/11/1944.
It has been said in the deed that the property ( Address:- 5, Amulya Charan Das lane) belongs to Shyama Charan Das , S/O :- Late Bhuban Chandra Das , who executed the deed in favour of his wife Smt. Gyanada Mohini Das. In the same Deed it has been declared that after the death of Smt. Gyanada Mohini Das, their widowed daughter Saraju Bala Das will be entitled to enjoy the property by way of life estate as well as daughter of Saraju Bala Das, being grand daughter Rani Bala Das shall also be entitled to the property and enjoy the same as life estate . It has been declared in the said deed that after the death of Rani Bala Das, her male offsprings shall get the property.
The Deed was executed before Rani bala Das's 1st issue was born. Rani Bala Das expired on 05/05/2011 after prolonged illness leaving behind 2 sons and 4 daughters. None of the sons took care of her. Only 2 Daughters were there to look after her.
Now the question is, whether the property will be divided equally between 2 sons and 4 daughters or only between the 2 son .
Can the daughters claim their share over the property?
I ask this question since the deed was executed before the birth of Rani Bala Das's 1st issue and the executer of the deed did not know whether the 1st issue will be male or female. At that time it was customary to mention the male child.
