share of the child in the mothers womb while partitioning the ancestral property?

Question

Ancetral property was partitioned beteween brothers A&B during the year 1960. In the partitioned deed , the minor son of A namely 'C' was included as one of the parties. A's daughter D was in the mothers womb at the time of partition. A died in the year 1970. D claims equal share (as that of her brother C) of the partitioned property (though her name was not mentioned in the partition deed) and also1/2 of her father A ' share. Is her claim valid under Hindu law or any judgements of the courts

Answer 1

As far a still born child's share in an ancestral property is concerned, that has been held by many High Courts has valid claim, the manager or karta of such ancestral property can also keep a share for such unborn child who is in the womb of her mother. Now in this case that unborn child happens to be a girl, who at the said period of time 1960 was entitled to claim or get maintenance for herself or her marriage expenses from the ancestral property only. The very fact right of a girl/daughter to claim or get same share as boy/son as a coparcener came in existence only in 2005 with an amendment in section 6 of the Hindu Succession Act, 1956. In this case the partition took place in 1960 & her claim for her share out of this ancestral property is baseless now, no doubt she can claim half the share of her father's self acquired property who died intestate i.e. without leaving any will regarding his own self acquired property.

Answer 2

Indian Civil Law clearly says and accepts a child only when it born and the child is accepted as a entity at the moment it enters the world from its mother's womb. A unborn child cannot claim share in the property unless there is a will written by the person who holds the power over the said property. But the child can later claim the property from its father or mother in whose name the property is divided and registered as law says Grand children has more legal right than there parents over the ancestral property. Its parents can stake claim only on the portions of the property they added later to the original property that was inherited by them according to the will from there own earning. As if a property or part of a property that is brought or built by someone from his own earning can write to any one he or she wishes and none can stake claim on it even if it is his or her own offspring. And off springs can stake claim only to part that is earned by there forefathers.

Hope your doubt cleared.

Answer 3

Consult an advocate in this regard...refer this site http://www.advocatekhoj.com/

Answer 4

doubt it. sounds too confusing.