Ancestral Property - father died intestate - Sons sold entire property before 2005 - even daughters not coparceners, they are entitled to share in father's share which was allotted to him under notional partition.

Citation 

2024-1-L.W. 280

IN THE HIGH COURT OF JUDICATURE AT MADRAS

18.10.2023/S.A.No. 321 of 2017 S.Sounthar, J.

Pongiannan.      ...Appellant

Vs.

Nanjayaal @ Nanjakkal (died) & others ...Respondents

Hindu succession act (1956), Section 6

Hindu succession act (2005), Section 8

suit properties were purchased by NG, father of CG, under whom first respondent/plaintiff is claiming right suit properties ancestral properties It is submission that since male member of the family sold the entire suit properties to the appellant even prior to coming into force of the Act of 2005, the female heirs are not entitled to any share

held: as per unamended section 6 on the death of NG, there shall be a notional partition - 1/2 of the property shall be allotted to the share of CG and the remaining 1/2 share shall be allotted to the share of P s/o. CG properties allotted to share of CG in notional partition shall be allotted tohis class 1 heirs equally under section 8 - First respondent is entitled to 1/14share First respondent purchased share of her four sisters and mother and four sisters each are entitled to 1/14 share mother of 1st respondent is entitled to 1/14 +1/8 share as her son p predeceased - First respondent entitled to 31/56 share - First appellate court by applying unamended sections 6 & 8, came to the correct conclusion para 8