Hindu succession act
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
My maternal grandfather died in 1988(at Alibag - Maharashtra). He had 8 children (5sons plus 3 daughters). I am his daughters son (who is predeceased in 1996). He had three ancestral properties. Out of which one property was sold in 1993 and all got equal share. Now all the three daughters are deceased. There are two children each to daughters of grandfather who now are heirs.
There was no informal or registered partition or court decree that had happened till date. Now the two balance properties are to be sold. What would be the rightful share of pre deceased daughters children? Will the amended hindu succession (2005)law apply? When a hindu coparcener dies what are rights of daughters in such a case? My maternal uncles are saying that you as pre deceased daughters son shall get only 1/96 share. They say that since grandfather dies on 1988 succession opened that time and property will be divided in six parts now - 5 parts of sons and one part of grand father. In the part of grand father now there will be again 8 parts and daughters children shall receive one part each which would have belonged to daughters if they would have been alive.
I feel this is incorrect and need advise as four of my maternal uncles have never taken care of my grandparents and my grand father died in Alibag court fighting cases against my maternal uncles. One maternal uncle was saner and took care of my grand parents whom we will adore till our death.
Please advise as different lawyers are giving different opinions.
Quick and precise advise shall help us to fight injustice (if any found).
adv. rajeev ( rajoo )
(Expert) 14 December 2011
Daughters children will get equal share in their mother's share.
ashutosh mishra
(Expert) 14 December 2011
If the property in your maternal grand fathers hand was inherited from his father and his father also inherited it from his father,only then it would be treated as coparcenary and in view of a latest judgement of supreme court Amending Act 2005 shall apply because NO registered final partition before Dec.2004 has taken place.In case of this condition the coparcenary shall be deemed to be having 9 members listing your maternal grand father his 5 sons and 3 daughters and in that condition in the whole of property your maternal grand father shall be deemed to have a share of 1/9 and each of sons and daughters shall also be deemed to have 1/9.And upon death of your maternal grand father his 1/9 shall get divided among his widow sons and daughters equally.
BUT in case it was a property made by your maternal grand father or made by his father then on his death it shall be shared equally by his widow and 5 sons and 3 daughters equally.
Querist :
Anonymous
(Querist) 14 December 2011
Respected gentlemen,
Thanks for spending your valuable time for my query.
The part of the property was inherited by my grandfather. He was a farmer and had no other avenue apart from income from the inherited property. Additional property was bought by my grandfather from the income generated from ancestral property. I am making it more clearer. Also, My both maternal grandparents have expired long back.
Thus according to Adv. Mishra property shall be divided amongst 8 children and grandfather. Please let me know if my understanding is correct given the additio nal information that grandfather bought additional property using income from ancestral property.
Thanks.
Raj Kumar Makkad
(Expert) 15 December 2011
If your maternal grand father acquired some more properties during his life time, it shall strengthen your case as all children are entitled to inherit equal share in self acquired properties so in totality the 2 properties left by your maternal grand father shall now be divided in 8 equal shares.
prabhakar singh
(Expert) 18 December 2011
If these agricultural properties are in U.P. or out side U.P.has a great bearing on answers,though correctly given, if governed by Hindu Succession Act.
prabhakar singh
(Expert) 18 December 2011
October 12/2011 'Hindu Succession - Coparcenary property - Daughter' Ganduri Koteshwaramma Vs. Chakiri Yanadi
Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010)
whether the benefits of Hindu Succession (Amendment) Act, 2005 are available to the appellants. ….. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal. Thus, on and from September 9, 2005, the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. ….. It is true that final decree is always required to be in conformity with the preliminary decree but that does not mean that a preliminary decree, before the final decree is passed, cannot be altered or amended or modified by the trial court in the event of changed or supervening circumstances even if no appeal has been preferred from such preliminary decree.
