Somu_Ji_2608 (.......) 03 June 2011

Need help of deciding Ancestral Property share

Hi need help in regard to deciding share in Anscestral Propery situated in New Delhi in light of Hindu Succession Act 1956 as ammended 2005.

Facts :- A self acquired property by Grandfather in New Delhi, Grandfather died in Sept 1993 & willed solely in favour of Gransmother, Grandmother died in June 2005 willed ( Will was made in 1996) that if the property is disposed off share would be divided among three sons ( A, B & C). Son A died in Oct 1997 leaving 1 son & 2 daughters wife also predeceased, Son B died in April 2003 leaving 1 son & 4 daughters & wife also predeceased & Son C is still alive. Now I wanted to know in regard to Son B who died in April 2003 leaving 1 Son and 4 married daughters as class I heirs, suppose the Property is sold for net proceeds 60,00,000/- ( Sixty Lacs), Son B's son would get how much share & his 4 daughters get how much legally keeping in view of the applicability of HSA 1956 new ammendmenst effected 9.9.2005.

Can anyone answer keeping in view the applicability of all the ammendments of HSA till 2005, I am ready to meet further to engage a good councel to deal in this settlement.

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karthika (Advocate) 03 June 2011

as per HSA, class I heirs equllly share the property. In ur case, since your father has one share and as a legal heirs (U & Ur sister has equally divided the share i.e 1/5) share of your father's share.

assuming the net proceeds of the property fetch Rs.60 lakhs, ur father's share is Rs.20 lacs and this 20 lacs shall be divided into 5 shares and u will get Rs.4 lacs.

Karthika

Somu_Ji_2608 (.......) 03 June 2011

Thanks a lot . Does your answer change if I mention that both the wills of my Grandfather giving Property to my Gransmother and my Grandmother giving Property to her 3 Sons are Un registered Wills. my Grandmother also had 3 Daughters besides 3 Sons. Also is not true that as Per Mitakshara Coparcenary Rule, Son get more Coparcenary share in Anscestral Property than his sisters in settlements after father's death even as per new ammendments effected on 9/9/2005 in HSA?.

In the above case is it not that according to Mitakshara Coparcenary, if behind 60 lacs Ancestral property, we have 6 male coparcenaries ( Son A + his son, Son B + his son & Son C = his Son), now Son B + his son together will get 20 lacs ( 10 + 10), then after the death of Son B, his 1 son will get 10 lacs in his individual Co pArcenary capacity & 10 lacs share of Son B will be equally divided between his 5 children @ 2 lacs each. In this sense Son B's son will get 12 Lacs in this Ancestral property.

Please advise, Thanks A ton for your help.