Narayan Hegde (Retired) 21 March 2018
R.Ramachandran (Advocate) 21 March 2018
In which year your father purchased the land in question?
Narayan Hegde (Retired) 21 March 2018
Thanks for your quick question.
To answer you, my father inherited from his father, when grand father sent my father off the joint family. And that inheritance or partition came about in early 1950's. Hope this clears any doubt.
Regards,
Narayan
Kumar Doab (FIN) 22 March 2018
What is the date/month/year of marriage of daughters..!
The said partition is registered?
R.Ramachandran (Advocate) 23 March 2018
Upon your father's death in the year 1986, by operation of law (Sec. 6 of the Hindu Succession Act, 1956), there is a notional partition of the properties held by your father (ancestral properties).
Each of the co-parceners (your father and all the three sons) will get 1/4th share.
The 1/4th portion which falls to the share of your father has to be inherited equally between his widow (your mother) and all his three sons and three daughters i.e. each one will get 1/4 x 1/7 = 1/28th.
Upon death of your mother,her 1/28th share (in the absence of any WILL) will have to be divided equally between her three sons and three daughters i.e. 1/28 x 1/6 = 1/168.
Thus each of the sons will get 1/4 + 1/28 + 1/168
Each of the daughters will get 1/28 + 1/168
Narayan Hegde (Retired) 23 March 2018
Mr Kumar,
Thanks !
To answer your query, the daughters (i.e. our 3 sisters) got married in the years 1982, 1987 and 1990 respectively. The partition deed is in revenue record and dates back to early 1950. Or late 1949. Not sure if registration was in vogue then. But pani records show it and Village accountant knows it. Hope this is useful.
Best regards,
Narayan
Narayan Hegde (Retired) 23 March 2018
Mr. Ramachandran,
Thanks for your amazing reply with detailed calculations !
However, I have replied to Mr. Kumar for his query on my sisters' marriage years and year of partition deed.
FYI, I repeat them here: The daughters (i.e. our 3 sisters) got married in the years 1982, 1987 and 1990 respectively. The partition deed is in revenue record and dates back to early 1950. Or late 1949. Not sure if registration was in vogue then. But pani records show it and Village accountant knows it. Hope this is useful.
Regards,
Narayan
R.Ramachandran (Advocate) 25 March 2018
Dear Mr.Ramesh Singh,
The restricted meaning of 'family'in the Karnataka Land Reforms Act, which excluded married daughters, is only to determine the extent of permissible holding by a family. That Act cannot override the provisions of Hindu Succession Act, 1956 so as to affect the inheritence rights of a legal heir. Both the Acts are mutually exclusive and operate in their respective fields.
Narayan Hegde (Retired) 25 March 2018
Thanks all.
I would like to close this query now, thanking all those who shared their views.
Narayan