partition
mahesan
(Querist) 20 June 2011
This query is : Resolved
A and B partitioned their ancestral properties in the year of 1962. A schedule was allotted to A & B schedule was allotted to B A had wife and son and daughter. A and his son partitioned above said A schedule properties in the year of 2002 without knowledge of daughter of A. A died in the year of 2010. Daughter of A married in the year of 1978 and she came to known above partition matter and she prepared partition suit against his brother and mother, So what share she entitled, properties loacted at tamilnadu.
R.Ramachandran
(Expert) 20 June 2011
Daughters are not co-parcenars in the ancestral property in Tamil Nadu prior to 25.3.1989.
Even from 25.3.1989, if the daughter had been married prior to 25.3.1989, she is not a co-parcenar and she is not entitled for any share whatsoever.
In Madras School of Hindu Law, in the partition it is the father and son who will get the share and not mother.
If Mr. A had died in the year 2010, without leaving any Will, then his share (1/2 in the original ancestral property) will go by way of inheritance equally amongst all the three legal heirs viz., A's wife, son and daughter.
Daugter of "A" will be entitled to inherit 1/3rd share in her father's share in the ancestral property, provided Mr. A had not left any will. Other wise the property will go to the beneficiary mentioned in the WILL.
sanjeev murthy desai
(Expert) 20 June 2011
If the partition effected through the Registered partition Deed in the year 2002, after that daughter don't have any rights with respect above said Property.
R.Ramachandran
(Expert) 20 June 2011
Dear Mr. Sanjeev,
The daughter or wife will not have any share in the ancestral property, that is OK.
But the daughter will definitely will have a right to claim her share 1/3 share in the property of her father if he had died intestate.
sanjeev murthy desai
(Expert) 23 June 2011
Dear Ramachandran Sir,
In the above said case father and son effected a partition in the year 2002, Hence daughter should not get any property rights if she claim in the court.
R.Ramachandran
(Expert) 23 June 2011
Dear Mr. Sanjeev,
The partition took place in the year 2002. This partition has rightly taken place between father and son. Each of them might have got 1/2 share. At that time, daughter was not eligible to any share, even as per TN amendment, since prior to 25.3.1989 she had married. You are right, even by approaching Court, she will not get any share at the time of partition which took place in the year 2002.
Now the question of the distribution of the property of the father (1/2 shae) after his death, when he had died in the year 2010 without leaving any WILL. This property, will go by way of inheritance and all the legal heirs i.e. wife, son and daughter will get equal share of 1/3rd each.
