Share of Coparcener

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
For an ancestral property, say A has 2 sons - B1 and B2.

B1 further has 1 son say C1, whereas B2 has 2 sons - say C2 and C3.

All are alive in 1990 in Maharashra.

There are no daughters or any other heirs in the family at all, what is the share of C1, C2 AND C3 in 1990 when A dies, but their Fathers are alive?

I was told that share of all coparcenars are equal i.e share is per capita not per stripe?

Thanks.

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R.Ramachandran (Expert) 20 May 2011
When A dies, the property will be first divided between his sons B1 and B2, who will get 1/2 share each.

Now 1/2 share of B1 will have to be shared between B1 and C1 equally. That means, B1 and C1 will get 1/2 x 1/2 share i.e. 1/4th each of the original property of "A".

In regard to B2, his share of 1/2 will have to be shared equally between B2, C2 and C3 @ 1/3rd each that is 1/2 x 1/3 = 1/6th share of the original property of "A".

The ultimate share of each person in the whole property of "A" would be as under:

B1 = 1/4th
C1 = 1/4th
B1+C1 get (1/4+1/4)=1/2 share

B2 = 1/6th
C2 = 1/6th
C3 = 1/6th
B2+c2+c3 get (1/6+1/6+1/6) = 1/2 share