Civil Procedure Code (CPC)

Partition of jointfamily business and property

This query is : Resolved 
 

(Querist)
16 July 2009

In a hindu jointfamily the father dies interstate, thear are two sons,three daughter and widow mother.How is the share divided among the sons/daughters and the widow mother.Under hindu suesission act 2005.Sir please guid me in sharing the property.


Prakash YedhulaOnline (Expert)
16 July 2009

Each one of them are entitled for an equal one share in the property. This would mean each one would take 1/6th share.

a.manoharan (Expert)
16 July 2009

All the surviving co-parceners have equal share

Deekshitulu.V.S.ROnline (Expert)
17 July 2009

Mr Manohar

I think you are wrong

If the property is the self acquired property of the father then all the 6 members get one share each.

But the question is in relation to the amended provisions of Hindu successions Act, 1956(amended in 2005). In this case if the property is the joint family property, then the father, two son and two daughter(total 5 members) will get one share each. That is 1/5 share each. Since the father died intestate his 1/5th share in the joint family property will devolve on the 2 sons, two daughters and the widowed wife. That is to say the 1/5th share of the father will again be divided into 5 shares. That is the 2 sons, 2 daughters and the mother. Then each will get 1/25th share in the JFP

On such calculation the two sons will get each 1/5th+ 1/25th share in the JFP, the 2 daughters will get each 1/5th + 1/25th share and the widowed mother will get only 1/25th share.

Dont you feel the position of the mother is worse.

Deekshitulu.V.S.R

Y V Vishweshwar Rao (Expert)
17 July 2009

I Agree with Shri Deekshithulu , the Query is answered in detail !

M. PIRAVI PERUMAL (Expert)
17 July 2009

Sir, the query is for 2 sons, 3 daughters (and not 2 daughters) and widow mother.



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