Women property share cut of date
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
Dear sir,
We are 4 children(2 boys,2 girls). Father died before 2004 & mother in 2006. Elder is girl, born in 1949,then others 1952,1955,1960. We have 4th generation ancestral property. If we make partition now,is our elder sister(married)who born before 1956 act,is eligible for equal share?
As per times of india, recent publication about Karnataka emendment act clarification by high court: All children are equally eligible, who born after June 17, 1956.
Please give some advice on this.
Suresh
prabhakar singh
(Expert) 28 October 2011
As the property is ancestral coparcenary all of you have equal share after death of the father dying intestate and your mother also died intestate irrespective of the fact that
your eldest sister was born in 1949 as per current position of law.
Sankaranarayanan
(Expert) 28 October 2011
very diplamatic opinion given by mr prahbhakar singh ji.
sanjeev murthy desai
(Expert) 28 October 2011
In absence of partition before enactment of Hindu Succession Act 1956, all the daughters have equal Right. Year of birth is immaterial when there is no partition/transactions existence.
