• Transfer of property after father's death

Hello,
I am planning to buy a property but it has a certain issue. 
The issue is that, the property is an ancestral property and the father(the original owner) has died leaving behind his wife and 3 kids (2 sons and 1 daughter).
Part 1
My question was, will the wife get 50% of the value of the property and the 3 kids will get the remaining 50%(essentially 16.66% per kid) or will the value of the property be divided in to 4 equal parts where each of them get 25%. ?

Part 2
Say if the father has died before the modification of the Hindu Succession Act, does the daughter have any rights in the property.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Wife and 3 kids will get equal share in the property, if the original owner has died intestate(without executing a 'WILL'). Wife and 3 kids would each get 1/4th share in the property of the deceased.

2.The father would have to be alive as on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) on death of father wife and the 3 kids would each have one fourth share in property 

2)  it is not ancestral property of father but self acquired property of your father 

3) after passage of HIndu Succession act 1956 daughters have equal share in property 
Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
HI
1. the wife will not get 50%, but has an equal share along with the children that is 2 sons and 1 daughter.Yes as you said 25% each and the wife will get 25%.
2. When the father has died , the year of his death and at that time the daughter was married and it was before the amendment in 2005, was it an ancestral property by definition- handed over to the 4th generation.

The amendment to the hindu  Succession Act ,2005, giving daughters equal rights to ancestral  property is applicable even for girls born before the law was changed in 2005. This sis the interpretation given by the Bombay high court 
The court said that "Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive (taking effect from a date in the past) in operation," "In other words, the provisions of the amended section 6(3) do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005," the judges said

Section 6(3)  says 
a.  Where a Hindu dies after the commencement of Hindu Succession Act 2005, his interest in the property of joint family, Shall devolve by testamentary of intestate succession.
 b.    As the case may be, under this Act and not by survivorship, & the coparcenary property shall be deemed to have been divided as if a partition has taken place and, daughter is allotted the same share as son.
  c.  The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre¬deceased daughter.

After the amendment sec 6 ensures the following
1.	The daughter of a coparcenery by birth become a coparcener in her own right in the same manner as the son;

2.	The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
3.	The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
4.	The daughter is allotted the same share as is allotted to a son;
6.	The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
7.	The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
                     The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force," 

Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
if the owner has been died without any will and left the widow and three child then the property will be divided between them as per Hindu Succession act-1956 as amended 2005 as per section 10:

Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:— Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.— The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.— The distribution of the share referred to in Rule 3—
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
1. This is not an ancestral property as it was purchased by the father of the seller. 

2. If the father died without a will then the property has devolved equally on his widow and all children. The share of each heir is 1/4th. 

3. The amendment to Hindu Succession Act is not applicable in this case.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
My question was, will the wife get 50% of the value of the property and the 3 kids will get the remaining 50%(essentially 16.66% per kid) or will the value of the property be divided in to 4 equal parts where each of them get 25%. ?
It is an intestate property left behind by the deceased to devolve equally upon his successors in right. In the given situation, the successors i.e., the legal heirs of the deceased will acquire equal share in the intestate property.  There is no biased treatment favoring any legal heir with more share.  All the legal heirs will be entitled an equal share, in this situation, since there are four of them , all will be entitled to 1/4th share in the property. 


Say if the father has died before the modification of the Hindu Succession Act, does the daughter have any rights in the property.
If the daughters were born after 1956, the daughters have equal rights in the house property to that of the sons and they are very much entitled to an equal share to that of all other legal heirs of the deceased. 


T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
All the person has equal right in the property.
Died before 2005 is not a legal question when considering  the daughters right in the property. Whether the property is partitioned or not is the matter for consideration.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0