Distribution of ancestral proper among daughters
Querist :
Anonymous
(Querist) 17 April 2011
This query is : Resolved
Hi
Facts-
I belong to hindu family and resides in Uttar pradesh. My mother has 3 brothers and a sister (all married). My grandfather inherited agricultaural land (located in Uttar pradesh) from his father during early 80's. My grand father died in 1989. He did not made any will. After his death his wife & all his children had signed certain document pertaining to his property (i dont have the complete details right now- pls give your ans in possible situations). Post his death the land was given on rent by my uncles and the receipts were shared among my 3 uncles & grandmother. My father died in 2002.
My uncles have sold the agricultural land about an year ago without informing my mother and my aunt. Now both my mother and aunt wants to claim their share.
My questions are-
1. Their (my mom & aunt) status as coparceners.
2. Their right to claim share in sale proceeds of land.
3. Can they claim their share in the income earned by renting the land.
4. What are the applicable statutes
Thankyou
Jitendar Kumar gupta
(Expert) 17 April 2011
In revenue record whose names are there. after knowing the opinion can be formed.
J.K.Gupta Adv.
New Delhi
9868529732
guptajkin@gmail.com
R.Ramachandran
(Expert) 17 April 2011
Though you claim the property to be 'ancestral property' it can either be 'ancestral property' or your grand father's personal property. In regard to both the situations let me give the legal position:
ANCESTRAL PROPERTY: If it was 'ancestral property', then upon the death of your grand father in the year 1989, the provisions of Section 6 of the Hindu Succession Act, 1956 will come into play and the property will devolve on all the 'male' decendants and one portion to your grand father's share. Thus all your uncles will get 1/4th share and your grand father's share would be 1/4th.
Since your grand father died intestate, but left behind female heirs viz., your grand mother and your mother, his 1/4th interest in the property will go by way of inheritance equally between all his legal heirs (i.e. all the three sons, daughter and widowed wife) @ 1/5th share out of your grand father's 1/4th share.
You say certain papers were signed by your grand mother / your mother. It could be relinquishment deed, relinquishing the interests of your grand mother and your mother in favour of your uncles. But that relinquishment deed will have effect only if the same had been registered. Otherwise, it will have no effect.
IF THE PROPERTY IS A PERSONAL PROPERTY:
If the property was a 'PERSONAL PROPERTY' of your grand father, then the same will go by way of inheritance equally amongst all his legal heirs viz., his widowed wife, three sons and one daughter (i.e. your mother) in the ratio of 1/5th each.
You say certain papers were signed by your grand mother / your mother. It could be relinquishment deed, relinquishing the interests of your grand mother and your mother in favour of your uncles. But that relinquishment deed will have effect only if the same had been registered. Otherwise, it will have no effect.
Kiran Kumar
(Expert) 17 April 2011
dear Ramchandran can you reconsider your opinion keeping in view the amended Section 6 of Hindu Succession Act, 1956 and also consider the relevant dates contained therein.
R.Ramachandran
(Expert) 18 April 2011
Dear Mr. Kiran,
My above views are after completely going through the unamended and amended provisions of Sec. 6 of the HSA.
The amended provisions of Sec.6 came into force only with effect from December 2004.
According to the unamended provision, the moment an hindu having interest in the ancestral property dies, automatic partition takes place.
Once a partition had already taken place, prior to the coming into being of the amended Sec.6, then that position cannot be altered.
In case you have any other view, please share it with me, I shall only be too glad to consider and stand myself corrected, if necessary.
Kiran Kumar
(Expert) 18 April 2011
well m not having any special view point....in the above query the partition has in fact not taken place prior to 20th Dec 2004 (the prescribed date by the amended act).
so the advice has to be accordingly....hope u followed my point.
Querist :
Anonymous
(Querist) 18 April 2011
Thank you Mr. Ramchandran & Mr. Kiran for your inputs.
The documents that i mentioned was not relinquishment deed but these were for transfer of property in the name of my grandfather's children & wife. I am yet to get my hand on the copy of said docs.
The property is ancestral property as my grandfather inherited it from his father and so on. This property was distributed among my grandfather and his siblings after the death of his father.
I've read Sec 6(2) of the Hindu Succession Amendment Act 2004, one of the clause in the section talks about applicability of the amendment act any it is mentioned that the amendment act is only applicable if the marriage happened after 20 Dec 2004. Would request you to throw some light on the applicability aspect.
once again thank you guys
R.Ramachandran
(Expert) 18 April 2011
Dear Anonymous,
As I stated earlier, in your case the Amended provisions of Sec. 6(2) has no application. Moreover, the amendment Act does not talk about any marriage taking place after 20.12.2004. Rather the amendment Act became effective from 20.12.2004.
