Hsa 2005 ammendment
jatin sharma
(Querist) 21 July 2014
This query is : Resolved
my grand father had 260 acre ancestral land in Bhopal (mp)
he died and land comes to my father my father died in 1962 .my mother died in 2010
i was born in 1960 .I have one sister born 1960.she asked for partition and filed a case in 2009 .
she demanded 50% share in 260 acre land on basis of 2005 act
there was no partition between us before this
my name was on record since 1971 with my mother .my sister name came on record in 2009.
so I filed a case in nov 2009
Is she eligible of 50% share?
her advocate says
the case is filed after act 2005 and as there was no partition before it so today's provision will be effective .
are there any cases solved on basis of 2005 act in which daughter got equal share
please tell me where i could find those case decisions .I lives in MP and land is in MP .There is no will of land from father parents
what would be my sister share in land and how?plz suggest
Nadeem Qureshi
(Expert) 21 July 2014
Dear Querist
as per the amendment in Hindu Succession Act 2005 she is entitled to get equal share
Anirudh
(Expert) 21 July 2014
Before answer could be provided to your query, please indicate whether you are the only son for your father or there are any other sons.
Rajendra K Goyal
(Expert) 21 July 2014
Case law not provided in this section. Search indiankanoon.com.
jatin sharma
(Querist) 21 July 2014
I am only son and I have only one sister
partition is to be done among two
jatin sharma
(Querist) 21 July 2014
respected Nadeen sir
WE are born before the amendment 2005
and my right for property is by birth
Please not this point too
jatin sharma
(Querist) 21 July 2014
so what would be my share
jatin sharma
(Querist) 21 July 2014
my father died so many years before n The right of inheritance accrues soon on the death of owner .
Isn't?
Anirudh
(Expert) 22 July 2014
Upon death of your father, the property will be first divided into three parts - 1 share to your father, 1 share to your mother and 1 share to you.
Since your father appears to have died without leaving any WILL, his property will go by way of inheritence equally amongst his legal heirs viz., your mother, your sister and you.
Upon death of your mother, her property will be inherited equally by you and your sister.
Thus on the first occasion
You will get 86.66 acres; your mother 86.66 acres
Your father's share of 86.66 acres will be further divided into three i.e. 28.86 acres.
Thus you will have 86.66 +28.86 acres; your mother will have 86.66 +28.86 acres; and your sister will have 28.86 acres.
Upon death of your mother her share of 115.52 acres will be divided between you and your sister equally i.e. 57.76 acres.
Ultimately you will get 86.66 + 28.86 + 57.76 i.e. total 173.28 acres; and your sister will get 28.86 + 57.76 i.e. total 86.62 acres.
jatin sharma
(Querist) 23 July 2014
thank you so conclusion is that she is not eligible for half share of ancestral property
Raj Kumar Makkad
(Expert) 23 July 2014
You are most welcome. The replies are self-explanatory.
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
I think since the ancestral property remained in tact without proper partition among the heirs as on the date of of the amended act came into force, both the surviving heirs are entitled to equal share in the entire property even if the father's share is to be considered as a separate entity,which subsequently devolved upon the surviving legal heirs.
So in my opinion, the arithmetic calculations appended by expert Mr. Anirudh may not be proper, ofcourse, it is again interpretation of law.
