Family property sucession
Dr. C. Satyajit Rao
(Querist) 07 June 2011
This query is : Resolved
We belong to Hindu religion and are Andhra pradesh
My Father married my mother Subbalakshmi in 1960, and bore four children, two boys and two girls. My mother died in 1999 and my father married again in 2000 to a divorcee smt Dhanalaksmi.
My Father’s second wife is a divorcee having a son from her previous husband, who is already working and married
My father died of natural death in May 2011 without leaving a Will.
My elder sister got married in 1980 and younger sister got married in 1989.
My Father has a house and a land on his name. He made the present property by selling our ancestral property and from his personal savings.
My father has legally authorized to get his Air force Pension after his death to his second wife smt Dhanalakshmi.
Questions:
What will be the share of property for each of the children from first wife and what will be the share of the second wife?
Whether both daughters are eligible for a share in the property. (Andhra Pradesh Hindu succession act says, those daughters got married before 1985 are not eligible to get parental property) . My elder sister who got married in 1980 is eligible to get a share in the property.
Kindly advise the property division among the my father’s second wife and the children of the fist wife.
Thanking you
R.Ramachandran
(Expert) 07 June 2011
You are treating the property in question as ancestral since the property has been acquired from the sale proceeds of the original ancestral property. Thus, there is no dispute about character of the property being 'ancestral'.
Since it is an ancestral property and had not been partitioned at any point of time, the marriage of your sisters (whatever may be the year of marriage) has no relevance. Since HSA Amendment Act, 2005 has already come into force granting equal rights to daughters, they are also equally eligible for a share on par with a son.
Now coming to the distribution/partition of the property.
Explanation to Section 6(3) of the Amended HSA 2005 provides that: "the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death."
If the partition had taken place before the death of the father in the above given case, then the property would have been partitioned equally between (1) father (2) his wife (3) two sons and (4) two daughters.
Thus each one of them would have got 1/6th share in the property.
Now, the father who had 1/6th share had died without leaving any WILL. Therefore his 1/6th share will go by way of inheritance equally amongst his remaining 5 legal heirs.
Thus, the ultimate division in the instant case would be:
Wife i.e. Dhanalakshmi = 1/6th + 1/5th share.
Each Son/Daughter = 1/6th + 1/5th share.
Mr.Palnitkar to come to my rescue and correct me, if I am wrong.
sanjeev murthy desai
(Expert) 08 June 2011
I agree with Mr. Ramachandran answer. In addition to that all the legal heirs may effect a partition for 1/5th share each in such property.
