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.
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.