So finally the son B will get 1/2+1/4 that is 3/4and the daughter C will get 1/4 WRONG. Both will inherit 1/2 each.
Do B`s son and daughter have any children if yes than children and grand children both have claim.
Coparcenary property succession opened in 1982 then again will continue?
Respected Sirs/ Madams, Hindu family regarding. 1.Mr A got some land properties from his Father before 1956. (Father died before 1956 so he got) 2. Mr A have one son B and one daughter C. Wife of A already died, in the life time of A. 3. Mr A died in 1982. As per Gurubad Vs Hirabai case based on notional parition. Prior A's Death: A & B get 1/2 and 1/2 respectively as coparcenors. On the same day the A's half share again goes to B & C as A died intestate 1/4 and 1/4 respectively. So finally the son B will get 1/2+1/4 that is 3/4 and the daughter C will get 1/4 4. B have one son and One daughter. In 2011 if B want to sell the 1/2 share got based on notional partition as coparcenor, B can sell himself OR B's son and daughter also have equal right in the property? As per Comissioner of wealth tax Kanpur Vs Chandersen Suprecourt case result the B have full right in the property. He no need to consider his son and daughter as in year 1982 he got the property as coparcenor. Any other case law against this? Please provide clear clarification on this with relevant case law. Thanks.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
In the above case as per the latest succession law the daughter will get equal share in the property like son by birth
B can sell the property if the property has been transferred on his name after partition.
He doesn't need consent from his children for selling HUF property.
Please provide clarification on this with sufficient details and case law samples: Hindu family regarding. 1.Mr A got some land properties from his Father before 1956. (Father died before 1956 so he got) 2. Mr A have one son B and one daughter C. Wife of A already died, in the life time of A. 3. Mr A died in 1982. As per Gurubad Vs Hirabai case based on notional parition. Prior A's Death: A & B get 1/2 and 1/2 respectively as coparcenors. On the same day the A's half share again goes to B & C as A died intestate 1/4 and 1/4 respectively. So finally the son B will get 1/2+1/4 that is 3/4 and the daughter C will get 1/4 4. B have one son and One daughter. In 2011 if B want to sell the 1/2 share got based on notional partition as coparcenor, B can sell himself OR B's son and daughter also have equal right in the property? As per Comissioner of wealth tax Kanpur Vs Chandersen Suprecourt case result the B have full right in the property. He no need to consider his son and daughter as in year 1982 he got the property as coparcenor. Any other case law against this? Please provide clear clarification on this with relevant case law. Thanks.
Asked 6 years ago
A solely inherited the property and not his son. And later on his intestate demise his children inherited equally. B children are coparcener.
The property is now considered as self acquired property of B so he doesn't need consent from children.
The judgement was delivered by Justice A.K. Sikri and Justice Ashok Bhushan on February 1st, 2018 in the matter of Danamma v. Amar .
4. Actually it is not coparcenary rights that B got from his father, it was a partition between his father and himself.
Accordingly on the family partition, B acquired 1/2 share in the property, therefore it becomes B's own and absolute property.
He can sell his share of property to anyone without taking consent or permission from hi children for any reason.
You are getting confused by reading too much of case laws which are unnecessary in this situation.
The provision of law is very clear that the property acquired by B shall be his own and absolute property.
