Share of daughters in father's property

chitra (Querist) 29 May 2013 This query is : Resolved
My father has 8 children. 3 sons and 5 daughters. He died in the year 2006. What will be the share of daughters and sons in his property. I understand it is equal share after the year 2005. Can you make it clear.

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Anirudh (Expert) 29 May 2013
It depends. One has to first know as to whether the property owned by your father was his self-acquired property or property received from his father etc.

Rajendra K Goyal (Expert) 29 May 2013
in case the property is self acquired, the person acquiring it may give it to any body. In case of ancestral property it is to be distributed equally among all the legal heirs.

Guest (Expert) 29 May 2013
You need to reply the query of Mr. Anirudh for appropriate advice.

Raj Kumar Makkad (Expert) 29 May 2013
The property whether was obtained through his father or by way of himself, the succession shall go in the same way.

All legal heirs in the given case shall get equal share after HSA 2005.

Anirudh (Expert) 29 May 2013
To say the least, Mr. Makkad could not have arrived at the conclusion without knowing the full facts.

Raj Kumar Makkad (Expert) 29 May 2013
If a very simple question is put qua the share of the daughters after notification of HSA 2005 in ancestral property then the reply might have been the same which was posted by me and no expertise was required for that purpose, however, it would have been better had the querist posted the facts of his matter but the conclusion of the succession is same.

Anirudh (Expert) 30 May 2013
I am very sorry. One has to first know whether the HSA 2005 amendment is applicable or not. That is applicable only in the case of Ancestral property not otherwise.

If it was ancestral property, then depending upon which school of hindu law (Whether mithila, bombay, benaras or Madras/Dravidian) the shares will differ. Therefore, one has necessarily to first ascertain the facts before arriving at the conclusion. therefore it is not correct to say that the conclusion would be the same.

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