Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

T anand (self)     17 July 2016

Daughters share

Dear Sirs/Madams,

I am from Karnataka State.  Father expired in 1977.  Mother expired in 2001.

7 brothers  + 3 sisters ( one of the sisters died in 2000 and has one daughter + 1 son)

We have  1. properiies from ancestors (grand father.. )

               2. Properites purchased by father

               3. Propertyies purchased in Mother ( father in the name of mother).

A partition suit is filed in 2015 for equal share.  One of the brother filed a Written Statement saying

as per the Mithakshari Succession Act, Daughter will not get equal right in father and mothers property. They will get only a fraction. 

Can you please help me understand the actual rights of daughters who are alive and rights of the daughter who died in 2000 and she has a daughter and a son.

Thanx



Learning

 3 Replies

JustAdvisor (IT)     17 July 2016

Karnataka State Amendment came in 1990 and hence may not apply in the present case. as far as father's self acquired property is concerned, it devolved equally on mother and all siblings + grandmother (if alive). on mother's death, her share in father's self acquired property + her own property will devolve upon all siblings inclusive of children of predeceased sibling (who will take it through their mother's share of alive). now as regards ancestral property, if it was truly ancestral, it is divided in 2 rounds - in first round brothers get 1/8 share and father is deemed to get 1/8 share. in second round father's 1/8 is divided amongst 7 brothers + 3 sisters + 1 mother = 11. after mother dies her share is divided equally amongst all siblings as above. do the maths :)

JustAdvisor (IT)     17 July 2016

however you are requested to consult a local counsel well versed with local laws for a concrete opinion. secondly fyi - there is nothing called as Mitakshara Succession Act - It is Hindu Succession Act which has retained Mitakshara Customary Law to some effect :)

Kumar Doab (FIN)     17 July 2016

Your query has been duly explained.

Engagae a very able counsel specializing in revenue/rpoperty/family/civil matters and contest the contentions of brother/matter in court.

It shall be certainly better to strike a family agreement and register it. Once family agreement is registered there shall be no further litigation(s).

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register