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S Elaya Kumar (Lawyer)     05 November 2009

Hindu Succession Act Clarification

A partition takes place in a joint hindu family.  Father and two minor sons were allotted certain properties in Sch A whereas other two major sons were allotted certain properties in Sch. B.  The minor sons become major and later the father dies.  How the 1/3 share of the father's interest in A Schedule property devolve?  Whether the cosharers in the A sch, namely the then two minor sons who have become major now will inherit the share of the father or all the four sons along with any other heir (one daughter) will claim 1/5th share each.



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 2 Replies

Meenakshi (Lawyer)     05 November 2009

 The cosharers in the A sch, namely the then two minor sons who have become major now will inherit the share of the father equally and not the latter

Meenakshi (Lawyer)     05 November 2009

 The property is alloted by way of some legal document , is what i see?and by virtue of that the property will devolve on the Minor turned major and the sch A  defeats the r the right of legal representatives of the other major sons to get the share equally

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