Comments on: Daughter’s right in coparcenary http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html Complete Tax Solution Fri, 10 Feb 2012 11:17:22 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: RN Pradhan http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-480368 RN Pradhan Tue, 27 Dec 2011 05:18:38 +0000 http://www.taxguru.in/?p=16659#comment-480368 a piece of land was purchased from a widow who got married befodre 1952. Her brother sold the land during 2003. Now the lady, after lapse of 08 years, influenced by some land grabers, claiming share from the sold land and harashing us. The same land has been muted and converted in our name including payment of land revenue to Govt. since long. Please let us know whether the widow can get share of the land as per law. a piece of land was purchased from a widow who got married befodre 1952. Her brother sold the land during 2003. Now the lady, after lapse of 08 years, influenced by some land grabers, claiming share from the sold land and harashing us. The same land has been muted and converted in our name including payment of land revenue to Govt. since long. Please let us know whether the widow can get share of the land as per law.

]]> By: prashanth http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-446228 prashanth Tue, 18 Oct 2011 11:03:06 +0000 http://www.taxguru.in/?p=16659#comment-446228 Sir, i live in mysore i have an enquiry we are fighting a legal battle in district court of mysore (partition suit) my mother has 4 small sisters 1 big sister and 2 small brothers legal battle is fought between brothers and sisters over ancestral property but 4 of the females are born before 1956 district court has given the judgment saying that those who are born before 1956 are not eligible for equal share is it conditional that date of birth should be taken into account according to hindu succession act 2005 Sir, i live in mysore i have an enquiry we are fighting a legal battle in district court of mysore (partition suit) my mother has 4 small sisters 1 big sister and 2 small brothers legal battle is fought between brothers and sisters over ancestral property but 4 of the females are born before 1956 district court has given the judgment saying that those who are born before 1956 are not eligible for equal share is it conditional that date of birth should be taken into account according to hindu succession act 2005

]]> By: Abhishek Tiwari http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-445023 Abhishek Tiwari Sun, 16 Oct 2011 07:49:41 +0000 http://www.taxguru.in/?p=16659#comment-445023 Since the property is self earned property of your father and he died intestate (i.e. without leaving a will) and mother too has died, intestate, All class I heirs as per section 8 of the HSA 1956 will inherit equally. In the present case, All daughters (as Class I heirs, assuming that there are no children from pre-deceased son or daughter) will have equal rights on the property. The hindu law makes not difference in inheritance because of any physical challenge. The handicapped issue is totally a different one. The property does not belong to one daughter alone, so a suit for shares can be filed. The matter can be filed by handicapped daughter for a speedy disposal. I will suggest to persuade her and to settle matter amicably outside the court. Abhishek Tiwari, Attorney at Law Since the property is self earned property of your father and he died intestate (i.e. without leaving a will) and mother too has died, intestate, All class I heirs as per section 8 of the HSA 1956 will inherit equally.
In the present case, All daughters (as Class I heirs, assuming that there are no children from pre-deceased son or daughter) will have equal rights on the property.
The hindu law makes not difference in inheritance because of any physical challenge. The handicapped issue is totally a different one. The property does not belong to one daughter alone, so a suit for shares can be filed. The matter can be filed by handicapped daughter for a speedy disposal.
I will suggest to persuade her and to settle matter amicably outside the court.

Abhishek Tiwari, Attorney at Law

]]> By: Abhishek Tiwari http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-445017 Abhishek Tiwari Sun, 16 Oct 2011 07:36:37 +0000 http://www.taxguru.in/?p=16659#comment-445017 There is a difference in between self earned property and coparcenary (ancestral) property as per the Hindu Law. In case of self earned property of a male Hindu dying intestate, all class I heirs will get equal shares.(as per section 8 of HSA 1956.) The Section 8 of HSA (amendment) 2005 in this case will have no application (Sheela Devi Vs Lal Chand and Anr on Sep 29, 2006 SC). You did not make clear about the will. Who does it benefits? why it was not executed? I will suggest that all class I heirs should partition the property as per section 8 of HSA 1956. The daughters have equal rights of inheritance. Since this is not a coparcenary property, there is no big issue. I will suggest not to waste courts time for such a trifle. Settle the matter amicably outside the court like you already did. Abhishek Tiwari, Attorney at Law There is a difference in between self earned property and coparcenary (ancestral) property as per the Hindu Law. In case of self earned property of a male Hindu dying intestate, all class I heirs will get equal shares.(as per section 8 of HSA 1956.) The Section 8 of HSA (amendment) 2005 in this case will have no application (Sheela Devi Vs Lal Chand and Anr on Sep 29, 2006 SC).
You did not make clear about the will. Who does it benefits? why it was not executed?
I will suggest that all class I heirs should partition the property as per section 8 of HSA 1956. The daughters have equal rights of inheritance. Since this is not a coparcenary property, there is no big issue. I will suggest not to waste courts time for such a trifle. Settle the matter amicably outside the court like you already did.
Abhishek Tiwari, Attorney at Law

]]> By: ATUL http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-269741 ATUL Sat, 25 Dec 2010 08:49:29 +0000 http://www.taxguru.in/?p=16659#comment-269741 PL let me know if the case is as below The family is Hindu family. The property is obtained is out of the earnings of the father. Father died IN 1948 he has left behind 6 daughters & 5 sons Father did write a will but is not registered till today. There is no partition among them till today.The daughters through letters asked for the rights since 2005 but since no response was given by the brothers have moved to court in 2008 to get the equal rights(shsre) under new amendment. Later out of the 3 properties in dispute 1 property has been settled outside the court with the builder giving all their equal share including daughters as per the new amendement 2005 At present the sons are living in the 2 remaining disputed properties Please advice how should do the daughters move ahead to get them the rightful share? PL let me know if the case is as below
The family is Hindu family. The property is obtained is out of the earnings of the father. Father died IN 1948 he has left behind 6 daughters & 5 sons Father did write a will but is not registered till today. There is no partition among them till today.The daughters through letters asked for the rights since 2005 but since no response was given by the brothers have moved to court in 2008 to get the equal rights(shsre) under new amendment. Later out of the 3 properties in dispute 1 property has been settled outside the court with the builder giving all their equal share including daughters as per the new amendement 2005
At present the sons are living in the 2 remaining disputed properties
Please advice how should do the daughters move ahead to get them the rightful share?

]]> By: KAMAL http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-8366 KAMAL Wed, 09 Dec 2009 04:38:26 +0000 http://www.taxguru.in/?p=16659#comment-8366 PL let me know what is the solution, if the case is like this?.... The family is Hindu family. The property is obtained is out of the earnings of the father. This family has 5 daughters and the fifth one is handihapped. Father before death did not write any will and similarly mother also. There is no partition among them. One of the daughter(not the handihapped) occupied property voluntarily and now that daughter doesn't cooperate to sell the property. But the handihapped daughter is looked after by other daughter except the one who occupied the property. PL let me know what is the solution, if the case is like this?….
The family is Hindu family. The property is obtained is out of the earnings of the father. This family has 5 daughters and the fifth one is handihapped. Father before death did not write any will and similarly mother also. There is no partition among them. One of the daughter(not the handihapped) occupied property voluntarily and now that daughter doesn’t cooperate to sell the property. But the handihapped daughter is looked after by other daughter except the one who occupied the property.

]]> By: JAGADEESAN http://taxguru.in/general-info/daughter%e2%80%99s-right-in-coparcenary.html/comment-page-1/#comment-8292 JAGADEESAN Tue, 08 Dec 2009 09:00:56 +0000 http://www.taxguru.in/?p=16659#comment-8292 PL let me know provisions applicable to tamil nadu. Entire property is hereditory property for which opinion is obtained. The family is HIndu family. PL also let me know the status of daughter whose father did not do any partition among family members before death but entered into only an agreement for partition among himself with Male mebers which is not registered. No partition deed registered with Sub-registrar and daughters have never signed any document. Father expired in 1999 and possession of property with the sons. Pl clarify as applicable to Tamil nadu. PL let me know provisions applicable to tamil nadu.
Entire property is hereditory property for which opinion is obtained. The family is HIndu family.
PL also let me know the status of daughter whose father did not do any partition among family members before death but entered into only an agreement for partition among himself with Male mebers which is not registered. No partition deed registered with Sub-registrar and daughters have never signed any document. Father expired in 1999 and possession of property with the sons.
Pl clarify as applicable to Tamil nadu.

]]>