Partition
Querist :
Anonymous
(Querist) 13 August 2011
This query is : Resolved
a male hindu died in the year 1994 leaving behind a daugher born in the year 1992 and other two sons. my question is whether a daugher is entitle to get equal share with her brothers as a co parceners as per amended act 2005 Hindu succession act ?
Arun Kumar Bhagat
(Expert) 13 August 2011
Yes, she will get equal share in absence of any Will.
R.Ramachandran
(Expert) 13 August 2011
First and foremost one has to know the character of the property - whether it is ancestral or personal property.
If it was an ancestral property, then the property would devolve in terms of Section 6 of the HSA, 1956 (as amended).
If it was an ancestral property, the State in which the property is situated is also a factor to be looked into since many of the States like AP, Kerala, Karnataka, Maharashtra and Tamilnadu have made the daughters as equal coparcenars, much before the coming into force of the 2005 Amendment to the HSA Act.
Further more, the date of marriage of the daughters also a factor to be considered since there is a cut-off date of marriage which disentitles a girl from claiming an equal coparcenership.
In any case, the share that will go the deceased coparcener, will have to go by way of inheritance equally amongst his legal heirs in case he had left behind any Class-I female heirs (in this case the daughters are class-I heirs).
IN RESPECT Of personal property (i.e. self earned property) the Amendment Act of 2005 has no application. The property will go by way of inheritance equally amongst all the legal heirs (here daughters are legal heirs) if the deceased had not left any WILL.
M/s. Y-not legal services
(Expert) 13 August 2011
If ramachandran sir entered in to a query mean there is no chance to give any more opinions.. We learning lot of things from you sir.. Please keep it up..
