During partition of the ancestral property between brothers whether the child in the womb has right for share?

Question

Partition of the ancestral property between brothers ( A and B )executed during 1959. In the partion deed the son's name of 'A' was included as one of the party. At that time the daughter of 'A' was in the mother's womb.. whether 'A' s daughter will also get equal share of the partitioned property along with her brother and father because she was in the womb (though her name is not included in the partition deed ). The son claims that his sister will not be eligible for any share as her name is not appearing in the partion deed. He also claims that he , in addition to his own share in the partioned property , is eligible to half of his father's property even during the lifetime of his father

Answer 1

In this case the partition of the ancestral property took place in 1959, the two brothers A & B executed a deed of partition, where by name of "A"'s son was included in the said deed & a share of the property was allotted to him, but "A"'s daughter who was in her mother's womb was neither allotted any share in the said property nor considered for the same, although there are many High court judgment that the child in the womb can challenge such partition, being a coparcener as any other living one as in this case "A", "B" & son of "A". In this case the right of a daughter prior to Hindu Amendment Act 39 of 2005 replacing the old section6 of the Hindu Succession Act, 1956, that now included even the daughters to enjoy the full status of coparcener as sons, can not be challenged on this ground as the daughter at the time of this partition even if not born had only right of maintenance out of this ancestral property nothing more at the time of this partition in 1959. Yes if this partition was being done regarding any such property where the right of daughter was being enhanced by any state legislature in the Hindu Succession Act, 1956 then definitely she could asked for her right in the ancestral property due to any such provision in the particular state legislature, but as far I know the provision which were enacted to enhance the right of the daughter in the ancestral property were enacted only in the year 1989 or after by few India states. Considering this legal position the daughter cannot claim any right to the share in such ancestral property that were held by her father for himself & his son. Now how much portion of this actually belonged to the son being held by father as he was a minor has to be ascertained & given to him as his self acquired property, the rest of the share being the father's share being his self acquired property gets distributed between all his class 1 heir which is his son, daughter & his widow if alive in equal portion but that too after his death & if he dies intestate i.e. dies without leaving any will. The son’s claim in this self acquired property of his father during his lifetime is unjust & not acceptable in law This the brief legal position in this case.

Answer 2

The partition of the ancestral property can be done among the live members of the family and the child in the womb has not taken birth at the time of partition, has no right, however, after birth the child is having right over the ancestral property.

Answer 3

well for the girl it depends on , the mothers pragnency like how many weeks was she about to deliver, but as far as the fathers property is concerned, only father can decide who 'll get what, legally till father is alive nobody can claim for it, & propertie has to be divided equally among all the family members.
as a grandchild u can demand for the property's share, which was not given to u during the partition,
But the will of the father matters most .
going through the propetry laws of the place u live 'll help u

Answer 4

according to the law of the division of the property. the daughter can rightly claim the property as she was a sibling of the deceased, though not mentioned in the property deed. the girl child has an equal right on the property of the father.

Answer 5

Indian Civil regulation for sure says and accepts a baby basically whilst it born and the baby is common as a entity on the 2d it enters the international from its mom's womb. A unborn baby can't declare proportion in the valuables except there's a will written via the guy who holds the skill over the pronounced sources. however the baby can later declare the valuables from its mum or dad in whose call the valuables is split and registered as regulation says Grand little ones has greater felony suitable than there mum and dad over the ancestral sources. Its mum and dad can stake declare basically on the parts of the valuables they extra later to the unique sources that grew to become into inherited via them in accordance to the choose from there very own earning. as though a sources or area of a sources it is delivered or outfitted via somebody from his very own earning can write to all people he or she needs and none can stake declare on it even whether that's his or her very own offspring. and rancid springs can stake declare basically to area it is earned via there forefathers. desire your doubt cleared.