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Prakash N K (senior Manager finance)     03 May 2013

Share of properties to the daughters

Dear Genius,

There is an ancestral properties belongings to "A" .  "B" is the only son of "A" who was died in the year 1982. abd B" did not earned any property. "B" had 3 sons and 3 Daughters. Elder son  and middle Daughter were expired.  The middle daughter has 3 legal heir.  Since then no partion has made. 
 I would like to ask some clarification that, the ancestral properties belonging to "A" are having equal right to all 3 daughter and sons,? or the ancestral properties are to be shared 4 division for male members and the B's 1/4 share to be equal to 6 divisions to all sons and daughter. 

Is there any option to get equal share ie., 1/6 ...1/6 to all 6 members.

kindly clarify and send to my email id: nkprakash24@yahoo.co.in.
Thanks and regards,

by n.k.prakash



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

Is A alive?  

Prakash N K (senior Manager finance)     03 May 2013

No Madam,  "A" expired earlier of B

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

If B died in 1982 and there was no partition yet, the property shall be divided between the children of B as per HSA. The share of the deceased daughter of B shall go to her 3 heirs. 

Prakash N K (senior Manager finance)     03 May 2013

Ma'm,

regarding this one,  the sons of B is telling there is no claim of A's property to the daughter,  only sons are eligible to get the property,  the daughters may get only 1/24 share of the property like as per the law in the year 1980's,  The equal share option has come only in the year 2005.  so the daughters are not elegible,  only the share of B's part can eligible to get.


Kindly clarify ma'm,  I could not understand the 1/24 share. 

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

Supposing that the elder son of the B predeceased B then, there shall be 3 parts by notional partition before the death of B. The 2 sons will get 1/3 rd each and B's 1/3 rd share shall be equally divided between all his children. The share of deceased daughter of B shall go to her children.

Prakash N K (senior Manager finance)     03 May 2013

The Elder son was expired after the Death of B (father).  The elder son's legal heir Ie wife and her 3 children alive.

 

In that case, how the partion to be made.  and 1/24 concept how it come mam?

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

In that case if the son of B had died after the death of B then the sharing will change and the concept of 1/24 share to the daughters is correct. If all the sons were alive at the time of death of the father B, then each would get 1/4 along with the father B. B's 1/4th shall be divided between all the 6 children equally and 1/6th of 1/4th comes to be 1/24. The daughters would get 1/24 each. The 1/24 th share of the deceased daughter will be further divided into 3 parts which would go to her 3 heirs.

I hope it is clear now.

Prakash N K (senior Manager finance)     03 May 2013

Now cleared mam, thanks.

But according to the HSA, there is possible to get equal share?  What the daughters were made wrong, all are from same blood,  Justice only knows.  Thanks you very much mam for your valuable time to spend with me to clear the clarification.  and no more thing mam, Can the daughters file a suit to claim equal share?.

pls give  your advice.

Thanks you very much once again to spend your valuable time.

by

N.K.Prakash

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

There is no question of the daughters doing any right or wrong. The Hindu succession laws are gradually evolved from just limited estate to a woman to the present days absolute property and equal share. The changes in laws have to be gradual because it has to be accepted by the society and the society changes with time. In my opinion there is no point in filing a suit for equal share by the daughters.

RAJESH LEKHI (PROP.)     03 May 2013

My mother got parental property from her father. This is agriculture land. Her father died in 1999. My mother passed away in 2010. We are two brothers & one sister. My brother also died in 2008. Do my brother's Son & daughter have legal right in my mother's Parental Property

RAJESH LEKHI (PROP.)     03 May 2013

My father were 5 brother & 2 sister. We have a joint property. I have purchased 5 shares of it out of 7. Remaining 2 are not interested in selling. Is there any way of legal division so that I can construct my share.


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