Partition of mother's ancestral property
ssingh
(Querist) 15 November 2013
This query is : Resolved
Dear Sirs,
We are two brothers.Our mother received half part of a land and a house as Ancestral Property from her father (as he had only 2 daughters) who passed away without making any will.Now our mother also passed away recently without willing the said property and our father is alive.
Please let us know about the legal heirs and partitiong of our mothers Ancestral Property.
Thanks
Anirudh
(Expert) 15 November 2013
All the three of you, i.e. your father and you two brothers are the class-I legal heirs of your mother shall inherit the property left behind by her, in equal share i.e. 1/3 each.
ssingh
(Querist) 16 November 2013
Dear Sir,
My father consulted some expert and was told that that only two sons will have right on mother's ansisteral property (received from her father without a will). He was also told that same does not apply on self acquired propery of mother, where all 3 have equil rights.
So we wanted to make matters clear and posted the question.
V R SHROFF
(Expert) 16 November 2013
aSK A Q to know, not W, NOT TO CROSS cHECK OTHER Adv.
We r not concerned with who told u what!!
V R SHROFF
(Expert) 16 November 2013
Mr. X told Mr Y , abc
Is it true???????????????
Such query shall not be eplied.
Only ask ur personal legal problem
ssingh
(Querist) 16 November 2013
Dear Sirs,
We were not aware about the rules of the site so sorry for that.
This indeed is our personal leagal problem so we posted on the site.
Anirudh
(Expert) 16 November 2013
Dear Mr. Singh,
Yes, I Agree that the property left behind by your mother will be shared only by you and your brother. Your father will not get any share. (I missed out the point that the property was received by your mother from her parents) This makes all the difference.
prabhakar singh
(Expert) 16 November 2013
Now i am in complete agreement with opinion of Mr.Anirudh!
Nadeem Qureshi
(Expert) 16 November 2013
Dear Querist
as per Hindu succession act 1956 with amendment 2005 the law is as under
15. General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter ) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
COMMENTS
Extent
(i) When a female inherits property from her brother, inheritance to it is governed by section 15(1) of the Act 1956; Balasaheb v. Jaimala, AIR 1978 Bom 44.
(ii) Son and daughter include son and daughter by natural birth legitimate or illegitimate; Gurbachan v. Khichar Singh, AIR 1971 Punj 240.
Succession on death of Hindu female
(i) The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property, one has no option but to hold that son or daughter (including the children of any pre-deceased son or daughter) of such a Hindu female will mean the son or daughter begotten by the Hindu female from the husband whose property she had inherited, and not the son or daughter whom she had begotten from a husband other than the one, whose property she had inherited. If such property is allowed to be drifted away from the source through which the deceased female has actually inherited the property, the object of section 15(2) will be defeated; Dhanistha Kalita v. Ramakanta Kalita, AIR 2003 Gau 92.
(ii) Hindu female inherited property from her deceased husband. If the property is allowed to be inherited by a son or daughter, whom the deceased female had begotten not through her husband, whose property it was, but from some other husband then, section 15(2)(b) will become meaningless and redundant; Dhanistha Kalita v. Ramakanta Kalita, AIR 2003 Gau 92.
(iii) The intent of the Legislature is clear that the property, if originally belonged to the parents of the deceased female, should go to the legal heirs of the father. So also under clause (b) of sub-section (2) of section 15, the property inherited by a female Hindu from her husband or her father-in-law, shall also under similar circumstances, devolve upon the heirs of the husband. It is the source from which the property was inherited by the female, which is more important for the purpose of devolution of her property. The fact that a female Hindu originally had a limited right and later acquired the full right, in any way, would not alter the rules of succession given in sub-section (2) of section15; Bhagat Ram (D) by L.Rs. v. Teja Singh (D) by L.Rs., AIR 2002 SC 1.
(iv) The mother became an absolute owner of the property which she inherited from her husband after his death in 1950 but after the Hindu Succession Act, 1956 came in force, before 1956 her interest being limited. Hence, it has been held that the property after the death of the mother shall be inherited by her son and daughter under section 15(1)(a) and not under any other provision of law; Debahari Kumbhar v. Sribatsa Patra, AIR 1994 Ori 86.
16. Order of succession and manner of distribution among heirs of a female Hindu. -
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate property among those heirs shall take place according to the following rules, namely:-
Rule 1 .- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2.- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’ death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.
Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
Feel Free to Call
Dr J C Vashista
(Expert) 21 November 2013
I appreciate and agree with the explanation of Nadeem Saheb.
