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Division of residential house after fathers death
17-Jun-2023 (In Property Law)
wish everyone gets his share Father died in 2002 leaving a hand written jewelry distribution without mention of ancestral residential house [undivided as on today] Father left behind son1, daughter1, daughter2 & son2. Son1 is dead in 2000 left behind a widow & a son, who is also dead in 2008 & left behind his widow & a daughter Daughter1 is married in 1974 & has a son Daughter2 is unmarried, leaves in house & pays tax Son2 is married in 1980 & has son Has married daughter any share in undivided residential house? [1/9/2005 judgment] What is share of each
Ancestral property is a property that has been inherited up to 4 generations of male lineage. By birth itself a right to share in the property occurs under this kind of property. Any property that has been inherited from mother, grandmother, uncle or brother is not considered as ancestral property. When a division takes between brothers after partition they will take equal shares in the joint family property. If there are 5 brothers then each one will take 1/5th share in the property. When partition is between father and sons each son will take a share equal to share of his father. Under Hindu law every coparcener has a right to partition and entitled to a share on partition. Under Hindu Succession (Amendment) Act 2005 even daughter are entitled to a share in the property. Section 6 gives daughters right to be entitled to a share as per amendment. Share inherited by mother and daughter will go as a coparcener property. According to section 6 of Hindu marriage amendment act daughters have equal rights in the ancestral property whether married or not.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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