Division of property between brother and sister, after father died
I sheela, daughter of my father died in 1986 and my mother died in 2008, My father has one son and 5 dauhters.
the said property is name of my father, My Father got the property by partition of grandfather's property between their one brother and him(my father) in 1964.
my date of birth is 12 march 1978.
my brother also died in 2013, i want my share in my father's property.
how much share will i get from this property, After HSA 2005 Amendment act. From my Brothers side, they said I will get only 1/12 share from this property.is this true?
Please let me know how they are saying this much share of me and please calculate the shares between brothers and sisters.
Asked in Property Law from Agra, Uttar Pradesh
1) you have one sixth share in deceased father property .
2) it is not ancestral property and you have equal share in the property
Out of your father's share in the property, you being one of the six legal heirs to share his share of property, you shall be entitled to 1/6th share of your father 's share in the property.
On the demise of your father his property devolved through succession on his heirs i.e his mother, widow and children equally. The share of your mother also devolved on her children equally. So you can cull out your share by filing a suit for partition in the court. HSA amendment is applicable to only ancestral property whereas this property is in the nature of self acquired property of your father as he got it on partition inter se between the heirs of his father.
you have equal share as your brother has in your father's self acquired property but you have no right in the ancestral property.
amendment in HSA 2005 is not applicable in your case because your father is died in year 1986. according to the dicision of Phulvati vs Prakash 2015 if father died before 20 sep 2005 daughter has no right in ancestral property because property immediately vested in son