Rights of daughters in view of latest sc ruling

Your mother can claim rights in both the self acquired as well as the ancestral property of the deceased

Your mother can claim a share but to an extent of 1/15th share.

Also depends on which state ur mother belongs to and subjected to state amendments.

Dear Sirs,

Thank you for your reply. So I understand that my mother is entitled to a share of the proceeds from the sale of any property which belonged to my maternal grandfather. 

Sorry, but I did not understand the matter of 1/15th share. Fyi, we are from the state of West Bengal & all properties are located in the state of West Bengal.

Because property belongs to maternal grandfather, as he died in 1986 succession opens leading to notional partition before his death between him and his two sons (1/3+1/3+1/3) and in 1/3 rd share of your grandfather, all their children including sons and daughters will get equal shares i.e 1/3^1/5=1/15. So all daughters will get 1/15th share each and his sons will get 1/3+1/15=6/15 each. Total together 6/15+6/15+1/15+1/15+1/15=15/15.

Because property belongs to maternal grandfather, as he died in 1986 succession opens leading to notional partition before his death between him and his two sons (1/3+1/3+1/3) and in 1/3 rd share of your grandfather, all their children including sons and daughters will get equal shares i.e 1/3^1/5=1/15. So all daughters will get 1/15th share each and his sons will get 1/3+1/15=6/15 each. Total together 6/15+6/15+1/15+1/15+1/15=15/15.

Because property belongs to maternal grandfather, as he died in 1986 succession opens leading to notional partition before his death between him and his two sons (1/3+1/3+1/3) and in 1/3 rd share of your grandfather, all their children including sons and daughters will get equal shares i.e 1/3^1/5=1/15. So all daughters will get 1/15th share each and his sons will get 1/3+1/15=6/15 each. Total together 6/15+6/15+1/15+1/15+1/15=15/15.

The property in the hands of grandfather was ancestarl/HUF or self earned?

 

A similar query has been recently discussed in the wake of recent amendment to HSA at following thread:

 

https://www.lawyersclubindia.com/experts/Inheritance-568971.asp

 

https://www.lawyersclubindia.com/experts/Property-matter-569061.asp

 

 

 

 

 

 

 

Dear Sir,

Thank you all for your views.Much appreciate the same.

The property in the hands of my grandfather was all self-earned & not ancestoral.

West Bengal falls under Dayabhaga law and not Mitakshara. Daughters and sons have same rights from birth. So Section 6 of HSA Act 1956 is onlyfor Mitakshara community.

My father died in 1994, intestate. We had some HUF properties and I am the only son with 2 sisters.

Can a share arrived at notional partition of HUF property for the widow be transferred by the WIDOW to her son ? The widow died (October 2004) before 2005 amendment effective date.

OR,

Will the notional partition share of WIDOW be recalculated in light of the 2005 Amendment?

I would appreciate a guidance here.

 

Dear Sirs,

Thank you for your comments.

Just as a recap,the current property being sold is self-acquired by my late grandfather who passed away in 1986 intestate & located in West Bengal. There has been no partition deed made till date between the surviving members of the family. My grandmother passed away in 2013. I understand from all above comments from experts that all sons & daughters of my late grandfather are entitled for a equal share of the proceeds from the sale of his self-acquired property.

Will the situation be different if the property being sold is something which my late grandfather had acquired from his ancestors ?  Some of his property is indeed ancestoral & not self-acquired.

 

To my knowledge, in West bengal even in ancestral property sons and daughters have equal rights from birth. So no difference in my view. Section 6 of HSA, 1956 clearly speaks for Mitakshara community.

However the other provisions like Section 23 of HSA, 1956 will be applicable.

Succession opens on date of death of owner.

The rules as applicable on date of death be pursued. Prior to date of amendment the local state laws shall have force.

 

The amendment as in cited threads does not cover self earned property.

The amendment is for property acquired thru father.Therefore look into date of death of father and applicable rules.........

 

The amendment is not for property acquired thru mother.In case of mother the rules are already set in HSA.