Adv. Deepak (Advocate) 10 December 2020

Share in ancestral property.

Request experts to kindly advise.

Father F died intestate leaving behind him widow W, sons S1, S2, S3 and daughters D1, D2, D3 before 2005 amendment. Widow wife W also died before 2005 amendment leaving behind her S1, S2, S3 and D1, D2, D3. Now, in 2020 the house property which is the ancestral property of deceased Father F is to be partitioned amongst the heirs. After 2005 amendment S1 and S2 expired. Now the question is what is the share of each heir of Father F in his ancestral house property? Kindly advise. Thanjs.

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Pradipta Nath (Advocate) 10 December 2020

Assuming this a case pertaining to a Hinduism from Dayabhaga School, the property will be divided into six equal parts in reference to section 10 read with schedule 1 of the Hindu Succession Act, to be divided between one share each for legal heirs of S1 and S2, one share each for S3, D1, D2, and D3.

The Apex clarified in the Vineeta Judgement that irrespective of a coparcener father was alive or not on or before the enactment of the 2005 Amendment, the daughter will be entitled to a share in the coparcenary property in the same manner as the son by virtue of her birth and her being alive as on the date of coming into force of the 2005 amendment.