Share of already partitioned property

Shaili (Querist) 10 September 2026 This query is : Resolved
If Coparcner property of Ancestral agricultural land of 12 Acres in name of my Paternal grandfather already divided between 4 family members by my paternal grandfather. And that was divided among my Grandfather himself, Grandmother, My father & and my real uncle(each got 3 acres in their name). My Grandfather was not having any daughters only having 2 sons.

Now My Father & mother died in accident leaving behind my unmarried sister of 23 years and me 21 years. Also my grandmother is alive.

As per Hindu succession act section 6 and subsection-3 below clearly states that Intrest of Hindu who died, calculated first by using principle of notional Partition. And that share furthershall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

As per this grandmother should get share in below fashion utilzing subsection 3 of section 6 of Hindu succession act and applying points A,B,C in subsection 3 in section 6.

In this example coparcener property of 3 acres in father's name will be divided applying Notional partition to calculate intrest of father who died. While doing this me,my sister and father assuming alive just before death(as per Notional Partition) will get 3 equal share of 1 acre each.This notional partition among coparcener is done by applying points A,B,C per this section 6 & subsection-3.
Then further that 1 acre in intrest of my father will be divided among class 1 heirs as per succession (as will is not there).So grandmother will get 1/3 acres,additionally me will get additional 1/3 acres apart of original 1 acres.Likewse my sister like me.
Please clarify is it correct division?

As Grandmother already hold 3 acres after original partition.And when 3 acres moved ony father's name after partion. That is his separate property and joint status is servered from unity to individual and all original coparcener has recived their share and their intrest crystallised.
And further they will not be entitled in share out of remaining property's partition.(But can get as legal heir through succession).

But when and my sister born we become coparcener along with my father and property of 3 acres become coparcener property again.

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You're asking whether your grandmother is entitled to a share of your father's 3-acre portion of ancestral land, which was previously partitioned by your paternal grandfather among himself and his two sons. While the Hindu Succession Act generally includes grandmothers as legal heirs, the key question is whether the principle of severance applies, as she already received a share during the initial partition. This would mean the property lost its joint status and she shouldn't receive another share from this specific portion.

kavksatyanarayana (Expert) 11 September 2026
If you are a Hindu, your grandma is also the legal heir with you and your sister as per Hindu Succession Act. So your father's share will be divided among the you, your sister and your grandmother.

Shaili (Querist) 11 September 2026
But this is already partioned property and Grandmother recived already share out of it after partition.
So Rule of Serverance should apply here.
As per Hindu succession act section 6 and subsection-3 below clearly states that Intrest of Hindu who died, calculated first by using principle of notional Partition.
And that share further shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

In this example those 3 acres will be divided applying Notional partition to calculate intrest of father who died. While doing this me,my sister and father assuming alive just before death(as per Notional Partition) will get 3 equal share of 1 acre each as per this section 6 & subsection-3 and applying points A,B,C (under this subsection -3 in section 6).
Then further that 1 acre will be divided among class 1 heirs as per succession (as will is not there).So grandmother will get 1/3 acres,additionally me will get additional 1/3 acres apart of original 1 acres.Likewse my sister like me.
Please clarify?

T. Kalaiselvan, Advocate (Expert) 11 September 2026
Your grandmother is one of the class IK legal heirs to your and since your father is reported to have died intestate, the estates left behind by him shall automatically devolve on all his legal heirs, and since your grandmother is one of the class I legal heirs, she is entitled to a rightful share out of this property as one of the successors in interest.

Shaili (Querist) 12 September 2026
Thanks for your reply,but still my query unanswered.

Because rule of Serverance should apply here.
As per Hindu succession act section 6 and subsection-3 designed for this.It clearly states that Intrest of Hindu who died, calculated first by using principle of notional Partition. And that share(his intrest) further shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.
This notional partion and coparcener property concept specifically stated in subsection -3 of section 6.Thats why this law made to overcome this fact and such situation whenever arise .And this denotes principle of serverance in case of coparcener property.
please read query from beging with trail messages.

key question is if the principle of severance applies, as grandmother already received a share during the initial partition. This would mean the property lost its joint status and she shouldn't receive another share from this specific portion.
So notional Partition will be carried out as per section 6 point-3 to arrive at intrest of my father in that co paecener property. And me ,my sister& My father assuming alive just before patition(concept of Notional Partition) will get 1 acres each applying point-A,B,C in subsection 3 of section 6.
As per point A,B,C my father's daughter (my sister) included to get share.
So further 1acres where my father has intrest will be divided among class-1 heirs as per succession.And her share will 1/3 acres.Please clarify?
If this not case then existence of subsection-3 in section 6 is getting questioned ,which states notional partion concept just before death?

T. Kalaiselvan, Advocate (Expert) 03 October 2026
Basically, your paternal grandfather's property is not ancestral property.
Your grandfather has partitioned his property and allotted three acres to each i.e., himself, his wife and his two sons.
Therefore the properties so acquired by the individuals are considered to be self acquired properties of each individual.
In the given situation, the properties left behind by your father upon his intestate death shall devolve equally on his own legal heirs, since your grandmother is one of the legal heirs of your deceased father, she is entitled to a hare out of your father;s properties.
Don't over read the law just to get confused, understand the law before repeatedly shooting the same question or if you know the law better then this query itself seems to be hypothetical.

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