Adv B.B.Gambhir #9814820602
(Querist) 29 July 2013
This query is : Resolved
coparcenery rights of women in property of her father after amendment held in 2005 retrospective or prospective.
My case is:-
Khazan singh died intestate in the year 1990 leaving behind wife, 3 sons, 2 duaghters, 1 daughter in law (son died). I represent one of the son. what will be my share.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
Since wife is not a coparcener, she does not take as a coparcener. First a notional partition has to be made. In that a division has to be made among all the coparcerners. In the share allotted to the deceased father, all will again get an equal share.
Raj Kumar Makkad
(Expert) 30 July 2013
The Act is applicable prospectively and not retrospectively. The law prevailing at the time of death of Kazan shall be taken into consideration.
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