Joint family property
Querist :
Anonymous
(Querist) 05 July 2011
This query is : Resolved
Dear Experts,
What is the share to daughter in the joint family proeprty in karnataka.
For Ex: A is the head of family , he has 4 children, one son and three daughters A is dead in 2007. All three daughter were married in 1984, 1990 and 1999. Which daughter is eligeble for highest share in the joint family and How much (Their is a partition deed between father and son in 2004, not giving any thing for daughter.
Pleasd answer
J.Reddy
Shashikant V. Patil
(Expert) 05 July 2011
If the property is self acquired by your father , then the partition is valid. And if it is ancestral property, then this partition made between father and son is not valid. The said property will be governed by Hindu Succession Act 1956, and as per that, female members inherited their right in the joint family property.
Querist :
Anonymous
(Querist) 05 July 2011
Dear Experts,
Please suggest me for about matter after hindu succession Karnataka amend ment act 1994. This will effect for this matter or not,Because one of the daughter were married in 1999.
Thank u sir
J.Reddy
R.Ramachandran
(Expert) 05 July 2011
As per Karnataka Amendment Act, 1994 to the HSA, 1956, daughters are coparcenars provided they are not married prior to the coming into force of the Amendment.
In the instant case one of the daughters who got married only in the year 1999 is very much a coparcener in the joint family property. Therefore, excluding her from the share in partition is not correct, it can be successfully questioned/challenged by the daughter.
She is entitled for 1/3rd share in the joint family property.
The 1/3rd share that had gone to the father's portion will go by way of inheritance (in case he had not left any WILL) equally amongst all the legal heirs viz., widow, son and three daughters.
sanjeev murthy desai
(Expert) 05 July 2011
Dear J. Reddy,
In your case marriage is immaterial to get share in joint family property. However, if the registered partition effected in the year 2004, thereafter daughters don't have any rights in such property.
If you need more clarification, please contact me personally.
Thank you
Querist :
Anonymous
(Querist) 05 July 2011
Dear Sanjeev murthy desai sir,
My self and my father were partitioned in 20/10/2004.Please think once and give me good suggestion, As per your advice i am waiting for your contact number or address to meet you.
Thank u
J.Reddy
sanjeev murthy desai
(Expert) 05 July 2011
Dear J. Reddy,
Please clarify that whether such partition effected under registered Deed?
Shashikant V. Patil
(Expert) 05 July 2011
Dear Sanjeev murthy,
This is a open platform, you may please give your views openly so that every reader should be enlightened about new amendments or whatever laws etc etc. Every body is eager and curious to learn from every experts.
Querist :
Anonymous
(Querist) 06 July 2011
Dear sanjeev murthy desai sir,
I already stated about your dought in the my second colum. Once again i will give you detail i and my father were partitioned the property in 20/10/2004. This partition effected also from 20/10/2004.Please send me your contact number.
Thank U Sir
J.Reddy
sanjeev murthy desai
(Expert) 06 July 2011
Dear J Reddy,
You have not clarified my doubt about " registration of the document".
My number is 98860 37926
