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Share of grandson in a coparcenery

(Querist) 23 November 2018 This query is : Resolved 
Mr. Girish a Hindu, inherited ancestral property in Mumbai from his fore fathers in1910 at his birth. He had a only son Chandan in the year 1940 and two daughters (Sindu and Prabha) in 1942 and 1946. They married in the year 1970. Chandan had a only son Naveen in 1969.

Girish died in 1990.

1. Is Naveen also a coparcener?
2. In Coparcenary, are the rights of all coparceners equal? Do they share per capita?
3. What is the % share of each in the year 1989 before the death of Girish?
4. What is the % share of each in the year 1991 after the death of Girish?

Thanks.

Isaac Gabriel (Expert) 23 November 2018
Chandan is the legal heir to inherit the property.
Dr J C Vashista (Expert) 24 November 2018
Discuss with entire pedigary of Naveen.
Consult a local lawyer for better appreciation of facts and guidance.
Adv Shailendra Deshpande (Expert) 25 November 2018
Naveen is Coparcener. He has equal right with other coparcener. The share of all coparcener changes after death of Mr. Girish. Hence decide first the no. of other coparceners.
Samarth (Querist) 26 November 2018
Thanks for your response.

To clarify - Naveen is the only son(as mentioned already) and in fact the only child of Chandan.(No brothers or sisters)

No other male members except Girish, Chandan and Naveen for a part of the family in the entire episode.

In this context please let me know -

Is Chandan the only legal heir to inherit the entire 100% of the property?

What is the share of the Girish, Chandan and Naveen just before Girish's death? Is it 1/3rd each(as all coparceners need to share equally)?

OR

Is it 50% is Girish and Chandan 1/4th and Naveen 1/4th?

Would greatly appreciate if you could provide me a link to a proper and detailed method for calculation of the share of coparceners, as they fluctuate from death and birth of each male member.

Thanks.



Adv Shailendra Deshpande (Expert) 26 November 2018
1. Before Death of Mr. Girish - share between all 3 coparceners is 1/3rd of property.
2. After death of Mr. Girish - share is 1/2 i.e 50% for Chandan & Naveen each.
In case of death of Chandan, then it is 100% to Naveen.
In case Naveen has any progeny while Mr. Chandan is alive, then share will change once again.
3. All details are available in Hindu Succession Act, 1956.
Kumar Doab (Expert) 02 December 2018
You can benefit from the above.


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