Hsa amendment 2005
abcdefg
(Querist) 05 March 2014
This query is : Resolved
I want answer of this query based on 27th paragraph of Mumbai HC judgement for Vaishali Satish Ganorkar vs... in 2012 only.
(judgement available on www.indiankanoon.org)
A hindu male XYZ has wife,son,daughter.Daughter of XYZ is born in year 1979.Now,if XYZ dies in year 2007 without making a will,then will XYZ's daughter get equal share in coparcenary property with son? or will XYZ's daughter get share according to notional share concept and not equal share with son?
Anirudh
(Expert) 05 March 2014
Dear Abcdefg,
According to my understanding, the view of the High Court contained in paragraph 27 is totally wrong.
The final decision arrived at in that case has to be arrived at in a completely different manner and for different reasons (and not for the reason mentioned therein).
This apart, the said decision has been rendered in a situation wherein none of the co-parceners had died.
In the example given by you, one of the male co-parcener dies. In that event, first notional partition would take effect and then the share that falls to the deceased male would go by way of inheritance rule to the eligible legal heirs.
