What will be my share in father's property and mother's property

914 votes

[1]. If your father died instate, your mother, you and your brother will get 1/3 share.

[2]. All the children's of your grand father will get equal share and on your father share after he demise you will get 1/3 share.

[3]. All the children's of your grand mother will get equal share and on your mother share after she demise you will get 1/2 share.

Advocate Periyaswamy K S LawRato

632 votes

refer to the recent judgment of supreme court in AIR 2015 SC 6160 pulvathi V/s Pusha in which it clearly says about the sahre of a living female child of a living father and the cut of date for any transaction is 2004 december and living copacner as on 09 sep 2005 for fuerther details reffer to that judgment,

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).

Advocate Janardhana LawRato

712 votes

During the life time of your father you cannot claim for any share in his self earned properties unless the same is an ancestral property which is not subjected to any sort of partition within the family. Further you cannot seek for a share in your grand father's property or grand mother's property since the property acquired by the woman will be considered as her absolute property.

Advocate Jagadish N LawRato