Query about married women coparcenary
Arnab Sen
(Querist) 07 June 2016
This query is : Resolved
Dear Sir.
My grandfather leaves intestate 4 kottahs of land in north 24 pgs. South Dum Dum municipality Kolkata with four sons and four daughters. he demises in the year 1979 and now two of my uncles and two of my aunties demises, presently we want to have the land in each of our name as it will be distributed equally among us.
Sir my only query is whether married daughters will be coparcenary to this intestate property provided my grandfather demises in 1979 and Hindu Succession amendment act came in to effect from 9th sept 2005.
Thank You
Regards
Arnab Sen
Kumar Doab
(Expert) 07 June 2016
The succession opens on date of death.
The rules in West Bengal may be pursued.
If the property was self acquired and not ancestral/HUF ( and/or not partitioned) then daughters as per 'Hindu Succession amendment act' cited by you may have a share.
Arnab Sen
(Querist) 08 June 2016
Sir first of all the said property was self acquired by my grandfather and
I read some articles containing SC verdict stated "a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act"
Sir please clarify
Rajendra K Goyal
(Expert) 08 June 2016
Please read full judgement in detail available on net.
Married daughters have share in the self acquired property left by their parents.
Kumar Doab
(Expert) 08 June 2016
Make a rule.
Don't believe in gossip, rumor,hearsay.
Retain a good counsel for legal advise like you have family physician.
Discuss with your counsel.
Don't bitter the relations.
