Guest (Simple) 29 January 2012
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 January 2012
Let's call the minor girl D. Here on the facts that you tell me presuming that the deceased father of D was the only son of his parents (let's call them FF and FM). Presuming the parties are hindu. FF and F (deceased father of D) constituted a coparcenory considering the property was ancestral. The moment D was conceieved she also became a coparcenor (equally entitled to the property with her father) Now when F dies. F's share of the property would go to his class 1 heirs i.e his daughter/widow and mother. Now since his share was 1/3rd - his 1/3rd would be divided equally among his widow/daughter/mother. Hence they get 1/9th each. Daughter since she is also a coparcenor would get her 1/3rd share intact + 1/9th as a heir to her father - i.e a total of 4/9 of the property. Grandfather has 1/3rd. Grandmother gets 1/9th. Widow of F gets 1/9th.
Feel free to seek any clarifications !