Applicability of Sec 6/8 of Hindu Succession Act
Following the judgement rendered in
Civil Appeal No. 7217 of 2013 Supreme Court Judgement in Prakash & Ors v. Phulavati & Ors of 16 October 2015
facts of a case as below continue to be in question
a. An man bought a house ( living on first floor and rented ground floor- rented portion covered under rent control act) in 1944.
b. In 1944, he had 1 unmarried son and 1 unmarried daughter + 1 married daughter who never lived in the house.
c. He died intestate in 1964. His married daughter died intestate in 1997 ie both before the 2005 amendment.
d. The son of the married daughter now wants a partition of the property (in Mumbai) claiming that
- his mother was a legal heir
- above SC judgement is not applicable to him or his sister as his mother was not a coparcenor but a legal heir.
Is he right in his assertions ? Will he be eligible to 1/3rd of the property ( that is his mother's entire right in case she was elgible in the first place since she was already married before the property was acquired by her father and moreover she died in 1997)
If he is not right, then what is the status of her 1/3 of the property? Does it revert to her brother and sister.