My brother has One son and four daughets,all married, before his death.The only son insisted on partiton of their immovable ancestral properties of the family,when both parents were alive.Accordingly,my brother made a partition deed(unregistered,but acted upon by revenue dept).,giving away 1/3 rd share to the son.The remaining 2/3 rd share was with my brother and his wife.Daughters were not given any share,as they were all married.(1983).Both my brother and his wife died intestate,without assigning their properties to anyone.Now the son is claiming the entire property.,and is not willing to give any share to the sisters who are also legal heirs.
As father and mother are dead now the daughter will have share in their ( father & mother) share. The present case is governed by provisions of old Hindu Law, that is prior to amendment ,.To calculate share, 2/3 rd will be divided equally amongst son and daughters. Daughters have right to file suit for partition of 2/3rd share.