AROKIASWAMY (student) 14 September 2009

PARTITION OF ANCESTRAL PROPERTY

Dear Sir

One person who died in the year 1950 had wife, who also died in the year 1976 leaving a son, and 3 daughters. Leaving his properties in intestate succession. All 3 daughters got married before in the year 1932. In these circumstances the property of deceased how will divide among son, 3 daughters and mother.

1.Trial court judgment brief:

Trial court declared the judgment in regarding this issue based on equity and after 1956 act (i.e.) Son and widow get equal share and 3 daughters can get share from her mother and also son after mother died on 1976.

2. 1^st appellate court judgment brief:

This court also confirmed the lower court judgment and now case is pending in 2^nd appeal

I want clear explanation of following issues according to before Hindu succession act1956 act and Hindu women right to property act 1937?

Whether only one son will take properties of deceased?
Whether wife of deceased will also take properties?
Whether deceased 3 daughters will also take properties?
we want clear picture of the laws in regarding to the capacity of a Hindu widow to succeed to the property of the deceased before Hindu succession act1956

5. What is the role of son and widow of the deceased in regarding properties before 1956 act and Hindu women right to property act 1937?

Reply Follow

2 Replies

Adv. Deepak (Advocate) 14 September 2009

Firstly let me know whether in the year 1950, the properties held by the person have been jointly held or been partitioned and in his own possession. If they were jointly held, then after his death, properties will go to the persons holding jointly. If the properties are partitioned, then the decision of the court based on equity is correct. Before 1956, sone should get the whole share. After 1956, Son and mother should get equal share in the properties. However, daughters will not get any share as they have been married in 1932 and got separated from the joint hindu family. After the death of the mother in 1976, the daughters will get 1/4 th share from the 1/2 share of their mother. 3 daughters and 1 son will make 4 shares from the 1/2 share of the mother. ddkharpudikar@indiatimes.com

AROKIASWAMY (student) 16 September 2009

the poperties held by the person partitioned and in his own possesion. He died 1950 mother and son will get equal share. but after 1956 act and after the death of mother in 1976 the properry will go daughters and son. The daughters sons now age is 75 and 80 above , if so , is not it thier mothes married in before 1932 please explain sir

the lower court wrongly concluded that all daugthers and son get equal share and also 1st appeal court also confirmed the lower order .In 2nd appeal we filed before 1932 when daughters married how property will go and is it mantainable in high court?

Sir please give the case law for this 2nd appeal fact