Division
shree sharma
(Querist) 26 August 2013
This query is : Resolved
if a hindu dies before 2004 leaving ancestral property of his grandfather and property was not divided till ammendment of 2005
the property is now to be divided among 4 daughters and 1 son land is 130 acre in MP.
father died in 1967.mother died in 2010
alive heirs are 4 daughters and 1 son.
land is ancestral.no division took place before today among heirs .all heirs have their name on revenue records.
son born in 1940.
daughters born in 1955 1958 1959 1961.
(a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
what does it mean.
though heirs born before act but partion is to be made now?
plz help
Govind
(Expert) 24 December 2013
it means before 2004, if any part of property alienate i.e sale, gifted, daan or release to some one else by male co-sherer as per family partition is valid and court have no right to cancel that. if mutation sanctioned in name of only male memeber than daughters have no right to claim in property
after 2005, if land still in name of father and no mutation has been sanctioned in name of male member than property should be divided between all cosharers as 4 daughter and 1 son
