Sir mai bohot der se bare act or books se samajhne ki koshish kar raha tha, but aapki vdio dekhke hi samajh aaya, tq soo much, your are really making us not to loose hope, plz never stop doing this noble job, tq sir❤
You are very honest towards your profession, you have provided the best platform for the poor students at their doorsteps, I pay my humble gratitude to sir …🙏🏻😊
Thank you so much Sir. Never really understood partition and succession in academics this clearly. Thank you for your help. May God bless you Sir always.
U r doing such a commendable job..Many many thanks for this..Best part is when u start any subject u complete all its sections..many channels upload just 1,2 demo videos and urge to join their classes...u r doing such a great job i m eagerly waiting for crpc series...Thanku so much sir and keep going like this..
Students I request u to plz check the problem at 25:10 mnt of this vedio. There is a mistake which I admit openly as I forget to distribute the share of P (1/4) into w, s, d so as to get his separate share. F(1/4)-.......... W(1/4) ! W...... Son(1/4) ----- daughter (1/4) ! SS....... SD the 1/4 share of son be further divided into four part in between his widow,SS,SD. SO IT COMES 1/16. NOW P SEPERATE SHARE IS 1/16 WHICH IS TO BE DIVIDED UNDER THE SUCCESSION ACT. SO 1/16 SHARE BE DIVIDED INTO W, SS, SD, MOTHER. SO IT COMES 1/64. MOTHER GET 1/4+1/64 WIDOW OF P GET 1/16+1/64 SS GET 1/16+1/64 SD GET 1/16+1/64. I'm Sry for the mistake inadvertently done in the above said problem
Sir, this point is not clear. P share of 1/4 should be divided into W, SS,SD and Mother of P which comes 1/16 share each. As according to ur previous video when partition happen than mother has right to get share in the property, so in this case P property should go to mother also . Why there was 1/64 share ? Sir if you could please clear. It will ve very helpful Thanks
@@harpreetsinghkahlon2827 thank you sp much for your response sir, Sir, I have mailed you some queries, if possible please look into them and reply to those problems. I will be very thankful to you.
Dear Sir One doubt is coming. ***** SS....... SD he 1/4 share of son be further divided into four part in between his widow,SS,SD. SO IT COMES 1/16. Here 1/5 as Mother is also getting equal share in partition. (Mother, Grandmother has right to take share equal to that of a son) Please Guide 🙏 🙏 🙏
Sir in notional partition video, time : 26:33. When dividing P's 1/4th share that he got from F. The share would be joint in regards to D and S, so before partitioning the share. How did you partition it amongst P's mother, W, S, D is the property is still joint wrt S and D. If a partition between P,S,D would happen then, W, S, D and P would get 1/16. And further P's 1/16 would go through succession to P's mother i.e 1/4+1/64; W, S1, D1 1/16+1/64 each Please give some clarity.
I think this still doesn't clarifies the doubt. I hope this comment of your's is in reply to Gunjeet Talwar's comment. But this still doesn't clarifies the doubt.
Firstly, I feel you wanted to write it as 1/4 and 1/16 AND NOT 1/5 and 1/20. Secondly, you have not yet clarified what will happen to P's 1/16 share. Should it get divided equally between Mother, W, S, and D.
S Harpreet Singh's lectures are excellent education. For coparcener property share of daughter /son is decided on what factors? Property of father inherited from grand father is ancestral or it is required to be coming through lineage from great grand father etc.
Sir, plz also tell if the partition has already taken place between father and son and thereafter fathers dies then we have to apply the concept of notional partition or not?
Sir, as you said that in the hindu succession act only the separate share of a deceased person dying intestate is distributed then how will the remaining joint property be distributed?
Do partition first we get SEPERATE share of all and then the share of person who died intestate be distributed under Hindu succession act. Nothing left joint
Sir with effect of 2005 amendment ...ye jruri h ke father should also alive after 2005 then only she get share at the time of partition ...agr father died before 2005 then usko share ni milega ..
Sir in this video you gave first example before 2005 and after 2005. As A has dies and prior to 2005 there was no concept of notional partition so there is no coparcener so whole property of f should devolve by succession Act . Why did you apply notional partition before 2005 in first example
Dear sir, jo property 20/12/2004 k pelle has been disposed uss pr toh nai kr skte question MAGAR section 6,2005 aaya hai 9/9/2005 me Mera QUESTION YE HAI :- K uss property ka kya hoga jo 20/12/2004 k BAAD aur 9/9/2005 ke pelle dispose hui hai. PLS REPLY
It can be challenged by daughter, in the beginning of the year the amendment act was proposed although it came into effect from 9.9.2005. The motive is to protect the interest of daughters so that the father or other coparcenar so not dispose of the property with intent to exclude the daghter
Sir...if father had died in 1976 and after that 1son & 3 daughter are get their name on satbara by inheritance and if the daughter demand for property on the amendment of 2005 ....is it possible to get share.
Sir, the share of 1/5 which you gave to s , s1,w and D by assuming P alive is only nominal not real and it will be granted if alive coparcener claim partition ?
Assuming to be dead the property be partitioned first and latter on his SEPERATE share be distributed in heirs according to the Hindu succession act, so nothing is nominal here each get their fix SGARE
Sir what is the nature of property gained on partition by coparcener and what is the nature of property gained by virtue of hindu succession act in hands of person who acquire it?
It's the rule of partition that a wife mother and grandmother get the share whenever a partition takes place, plz watch the vedio on partition it will further clears Ur all doubt
Sir at 6:07 you said that wife, mother, and grandmother will get equal share. What is the provision by virtue of which wife, mother, or grandmother will get this share?
Sir, agar daughter ki shaadi ho chuki h aur uske kch saal baad partition ho, to kya us daughter ka abhi bhi Coparcenary right h??? Q ki ab to vo is joint family ka hissa ni h, to kya ab bhi use uska hissa milega???
According to section 8 who will be the legal heirs of an unmarried Hindu male person, if his mother, 2 brothers and 2 sisters are still alive. (The property is a land purchased by that unmarried person.)
26:34 , sir mother of pre deceased son will not get the share ,bcoz in class 1 heir list ,it is not given that mother of pre-deceased son will get the property. There is only wife of pre deceased ,son of pre deceased son , daughter of pre deceased son will get the share given as per the list given in class-1 heirs.
Sir if property are partition before 2005 and but after 2005 daughter is co parcenary then daughter can re opne thi property partition? Means kya wo dobara property ka partition krwa skti hai ager property 2005 phle se devide ho chuki ho?
@@harpreetsinghkahlon2827 sir thanku so much now I get your point that before 2005 firstly notional partition was effected between coparcenors then the share of deceased was divided equally between his heirs
Sir , Apne partition vale video mein btaya tha ki agar son ki death hoti h toh uska separate share h toh sirf uske DECENDANT mein jata h na KI USKE COLLATERAL YA ASCENDENT pr but abhi toh ap son k marne k bad uska separate share mother ko bhi de rhe ho PLS CLEAR KR DIJIYE BHOT CONFUSION HORA H!
In partition there are different rules from succession. In succession after getting the seperate share it will divide according the class 1 heirs so mother is the part of that class
@@harpreetsinghkahlon2827 thank u so much sir 🙏🏻🙏🏻 i used to find this subject very tough n then u came into the picture! U r such a life saviour sir GOD BLESS U 🙏🏻
Hello Sir, Quick question, the property was initially owned by maternal grandfather, then maternal grandmother and then transferred to mother after the death of grandmother in 2008. Can a father threaten to disown one his son from his mother's paternal property and blackmail/harass him or his wife due to this reason? Could you please advise? Thanks in advance!! 🙏
The person who has no authority over the property can't deal with it. But off the record father with the consent of his wife could deal with the property but in that case also he can't harass or blackmail his son or his wife
@@harpreetsinghkahlon2827 Ok, thanks so much for clarifying this...🙏 just one more thing, the father is stating that he has asked the mother to give him the PoA and therefore he claims that now he has a right to throw the son and son's wife from the house and mother is not saying anything under pressure from her husband. Can the father pressurise the mother to disown the son from her property unnecessarily and threaten to throw them out of the house to blackmail? Can the father do this legally or has any right to harrass/threaten the son or son's wife and do a police complaint on some kind of false allegations since he has the PoA?? If no, then what are the legal options the son or son's wife can take to stop this harrasment and threats?
If poa is given to her husband then he has a right to restrain all who interfere into the property but the final decision will be given by mother and if she also wants then son and his wife should not claim any interest into the property
Sir like 6(4) me aapne kaha k Pious Obligation ka concept khatam hogya hai. Lekin sir father k debts ki enforcement toh L.R.'s heirs through aaj bhi kri jaa skti haina? Section 42 Indian Contract Act
Personal liability ends but the estate of the deceased when comes into the hand of his heirs, than his estate can be sold in order to compensate the party
@@harpreetsinghkahlon2827 exactly sir and this is what pious obligation also says! Father k debts ki repayment estate inherited se krni hoti thi ab ye chaahe new sec 6 se abolish hogya hai par 42 indian contract me toh zinda hi hua na? Discuss kren sir
Plz dont be confused, sec 42 only deals with the contract liability and sec 6(4) deals with the pious obligation means debts of his deceased parents. But in both sections the personal liabilities of the children are removed and only an estate is still liable which comes into the hands of legal heirs
Helo sir..S.6(4) da according son grandson or great grandson di koi libility nhi debt pay krn di aftr 2005... Sir ja father na koi debt liya ha ta bad di death ho jandi ha ..os di property ta osda LRs nu e jandi ha...ki bad vich LRS bna ka suit vich os Lrs to koi v debt di recovery nhi kr sakda..courts ma to abi b LRs bna k recovery suit kiya jata ha.. Plz suggest me sir...
I said in my vedio that child is not personally liable for the debts taken by his father but if the property goes into the hand of his heir than a money could be recorded from him out of the property he inherited from his father.
Sir firstly, i would like to thank you very much for your video lectures. Well explained. Sir i have a query regarding share of the deceased sons mother. Initially when the son dies 1/4 share is given to his mother. Further during partition of the sons 1/4 share among his son, daughter and wife, i feel a share again to his mother is not proper. Does the clause of wife, mother and grand mother acts? please clarify. Thank you
It is a case of notional partition, so she get the share at the time of partition and than from succession she also received her share from her deceased son
Hi sir Jo aap na notional partition wale aap na example de thi uski second example mai doubt hai. Sir jab P na partition claim ki toh sab partition karna ke badh sab ko 1/4 share mila. Phir jab P separate ho jata hai toh aap na uski property directly succession act ke through distribute kar diya instead phale Jo P ko share mila hai i.e 1/4 phale usko notional partition ke through uske bacho or wife mai distribute hona chiya i.e all this wife ,son ,daughter and his exclusive share in the property will be 1/16 each or phir P ka exclusive share divide hoga through succession act I.e uski mother ,wife or two children ko 1/64 each share of P exclusive property. Sir please tell me if I'm correct or wrong. Reply soon. Thank you
@@AbhishekSharma-xt1ew plz check my messages on the same vedio, I have earlier drop my msg and got corrected the problem. Plz check my messages on the same vedio, u can get ur answer
Sir, v hv ancestral property.....if partion takes place in between my father n his brothers my father sell land without his daughters consent being karta ? Can I ask for my share to my father after partion with his brothers ?
If father died before 2005 then she was not coparcenar at that time, so no ryt to get share in notional partition but she received her share as a class 1 heir under HSA out of the SEPERATE property of her father.
Okkk I got it Jo dead person Ka share nikla wo remaining copacerners mein divide hoga ager dead person ki maa biwi dadi h to unko bhi dena Hoga otherwise dead bnde Ka share coperaceners mein divide hojega
Sir Mere father ka 2003 april me death hua tha.mere father ka ancestral property ka division kaise hoga? After 2005 ya before 2005. mai single brother ,4 sister and mother hai.partition kis niyam se hoga.unka koi will nahi bna tha.
Sir agar daughter ke father 2005 ke pahale death hue hai aur unki sab property brothers ne sister ko kuch bhi nahi diya aur brothers ne aapas me partition ki to daughter kya kar sakti hai aur usse share milega ya nahi
Well if the father died intestate then she has a ryt to get her share as class 1 heir. Use the notional partition concept if the property is ancestral and the SEPERATE share of the father be distributed according to HSA
sir if a male hindu died behind him a widow father mother and two sons first we will do notion partition then we will apply successful act sec 8? ryt or wrong
If it is ancestral Property only than notional partition will be done first and then succession. But if it is his separate property than his property will dissolve directly under Hindu succession act
Sir coparcenary consists of 4 generations at a time father son son's son son's son son...here in the example of predeceased son won't his children get a share when partition takes place of the property as coparceners since they fall in 3rd generation
Sir example at 26:01 ...where there is the father pre deceased son and daughter and children of pre deceased son...I had a confusion copacenary consists of 4 generations at a time who get a birth right in ancestral property so by that rule even pre deceased son's children should get a share out of the ancestral property after partition.
Such a complex topic but you made it sound so simple 😊
Sir mai bohot der se bare act or books se samajhne ki koshish kar raha tha, but aapki vdio dekhke hi samajh aaya, tq soo much, your are really making us not to loose hope, plz never stop doing this noble job, tq sir❤
You are very honest towards your profession, you have provided the best platform for the poor students at their doorsteps, I pay my humble gratitude to sir …🙏🏻😊
So nice of you
Sir this is the best video I have come across. Wonderful job sir , you have my utmost respect.
I m from bihar and after being a judge I will come to meet u as a student sir.
Welcome g
Thank you so much Sir. Never really understood partition and succession in academics this clearly. Thank you for your help. May God bless you Sir always.
Welcome g
Thankew so much sir apki.videos bahut help krti hai god bless u
Sir thank you 🙏 one day I shall meet you and touch your feet 😊day by day you are literally giving me confidence 😊 Guru ji pranam 🙏
Welcome g
Thanks Sirji
Superbly explained. Thank you.
Hello sir ,
You way of teaching is too good.
Thank you for contributing your precious time.
U r doing such a commendable job..Many many thanks for this..Best part is when u start any subject u complete all its sections..many channels upload just 1,2 demo videos and urge to join their classes...u r doing such a great job i m eagerly waiting for crpc series...Thanku so much sir and keep going like this..
Welcome g
Harpreet sir thank you
Bahut vadiya samjaya kamal ho tusi singh ji
Thank u sir jiiiii....Bahut accha padhate ho aap....
i am an atheist, but if there is a god for law students then its you sir!
God is always with us , he is everywhere.
Students I request u to plz check the problem at 25:10 mnt of this vedio. There is a mistake which I admit openly as I forget to distribute the share of P (1/4) into w, s, d so as to get his separate share.
F(1/4)-.......... W(1/4)
!
W...... Son(1/4) ----- daughter (1/4)
!
SS....... SD
the 1/4 share of son be further divided into four part in between his widow,SS,SD. SO IT COMES 1/16.
NOW P SEPERATE SHARE IS 1/16 WHICH IS TO BE DIVIDED UNDER THE SUCCESSION ACT.
SO 1/16 SHARE BE DIVIDED INTO W, SS, SD, MOTHER. SO IT COMES 1/64.
MOTHER GET 1/4+1/64
WIDOW OF P GET 1/16+1/64
SS GET 1/16+1/64
SD GET 1/16+1/64.
I'm Sry for the mistake inadvertently done in the above said problem
Sir, this point is not clear.
P share of 1/4 should be divided into W, SS,SD and Mother of P which comes 1/16 share each. As according to ur previous video when partition happen than mother has right to get share in the property, so in this case P property should go to mother also .
Why there was 1/64 share ?
Sir if you could please clear.
It will ve very helpful
Thanks
Plz check the messages. I have already get the point corrected
@@harpreetsinghkahlon2827 thank you sp much for your response sir,
Sir, I have mailed you some queries, if possible please look into them and reply to those problems.
I will be very thankful to you.
Sure
Dear Sir
One doubt is coming.
*****
SS....... SD
he 1/4 share of son be further divided into four part in between his widow,SS,SD. SO IT COMES 1/16.
Here 1/5 as Mother is also getting equal share in partition.
(Mother, Grandmother has right to take share equal to that of a son)
Please Guide 🙏 🙏 🙏
Sir ur explanation is awesome thankyou sirji 🙏
Pranaam sir jee👏👏
Best explained sec 6 of hindu law on you tube
thank you sir
Amazing lecture!!!👏👏
Thankuu sir....its really helpful ...thanks a lot
Very nice sir.... U teach very well....
Very nice 👍 thank you sir ☺️
You are a true magician sir🥰🥰
Thank you g
Thank you sir.. 🙏🙏🙏❤️❤️❤️❤️❤️
Very nice sir ji thanks paaji 👌👌
Welcome g
SIR VERY NICE AND USEFUL -----ADARSH SAXENA ADVOCATE
Sir in notional partition video, time : 26:33. When dividing P's 1/4th share that he got from F. The share would be joint in regards to D and S, so before partitioning the share. How did you partition it amongst P's mother, W, S, D is the property is still joint wrt S and D.
If a partition between P,S,D would happen then, W, S, D and P would get 1/16. And further P's 1/16 would go through succession to P's mother i.e 1/4+1/64; W, S1, D1 1/16+1/64 each
Please give some clarity.
Brother plz watch the vedio on partition, then coparcenary and then start succession,
@@harpreetsinghkahlon2827 i did accordingly.. can you send me your email address? I will send my question there. Regards
Kahlonharpreet01@gmail.com
Inadvertently mistake. Plz check I have added ur answer in the comment box.
Sometimes it happened, Sry again..
P, W, S, S, D. SO IN NOTIONAL PARTITION EACH GET 1/5 SHARE, NOW p's 1/5 share will further be distributed in W, S, S, D SO each get 1/20.
I think this still doesn't clarifies the doubt.
I hope this comment of your's is in reply to Gunjeet Talwar's comment.
But this still doesn't clarifies the doubt.
Firstly, I feel you wanted to write it as 1/4 and 1/16 AND NOT 1/5 and 1/20.
Secondly, you have not yet clarified what will happen to P's 1/16 share. Should it get divided equally between Mother, W, S, and D.
Sir, thank you
Good sir
S Harpreet Singh's lectures are excellent education. For coparcener property share of daughter /son is decided on what factors? Property of father inherited from grand father is ancestral or it is required to be coming through lineage from great grand father etc.
👌👌
🙏🙏
👏👏👏🙏
Thku so much sir 😊
Sir thank You Soo Much,Every Concept is Being cleared.
One Question is that can You Provide Notes also??
For notes whatsapp on 9478294750
Thnku sir
Requesting you to teach this sec in light of new judgement wherein there is no condition of 9/9/2005
OK will provide everything in detail
Yes Mr dharni
Mashallah bht khub thank you sir😇
Welcome g
Thanku so much ...Sir whether the concept of notional partition also applies on testamentary succession? for taking out his share ?
No
Sir agar father ki self acquired property h to Kya usem beta or beti claim KR saktha h
No, only from ancestral property they can claim
Ok sir
If partition done through बंटवारानमा before 2004 and died in 2020
Then can claim doughter for repartition.
No but she can claim under succession
Sir, plz also tell if the partition has already taken place between father and son and thereafter fathers dies then we have to apply the concept of notional partition or not?
No as already the father has his separate property
Sir, as you said that in the hindu succession act only the separate share of a deceased person dying intestate is distributed then how will the remaining joint property be distributed?
Do partition first we get SEPERATE share of all and then the share of person who died intestate be distributed under Hindu succession act. Nothing left joint
Sir with effect of 2005 amendment ...ye jruri h ke father should also alive after 2005 then only she get share at the time of partition ...agr father died before 2005 then usko share ni milega ..
If father died after 2005 only then daughter gets her ryt in notional partition inspite of her age.
Sir in this video you gave first example before 2005 and after 2005.
As A has dies and prior to 2005 there was no concept of notional partition so there is no coparcener so whole property of f should devolve by succession Act .
Why did you apply notional partition before 2005 in first example
In 2005 only daughter become coparcenar, plz check the amendment
Sir, plz tell if a person wants to claim partition from his father when his father is still alive then under which provision of law he can do so ?
There is no such section of partition, but if there is a ancestral property than he can claim partition
Dear sir, jo property 20/12/2004 k pelle has been disposed uss pr toh nai kr skte question MAGAR section 6,2005 aaya hai 9/9/2005 me
Mera QUESTION YE HAI :-
K uss property ka kya hoga jo 20/12/2004 k BAAD aur 9/9/2005 ke pelle dispose hui hai.
PLS REPLY
It can be challenged by daughter, in the beginning of the year the amendment act was proposed although it came into effect from 9.9.2005. The motive is to protect the interest of daughters so that the father or other coparcenar so not dispose of the property with intent to exclude the daghter
Sir...if father had died in 1976 and after that 1son & 3 daughter are get their name on satbara by inheritance and if the daughter demand for property on the amendment of 2005 ....is it possible to get share.
Plz reply...
2005 has a retrospective effect, i have clearly mentioned the examples and case laws regarding ur query
Means she will get her share ...thanks sir✨😊 bcaz she is living and still no partition has done .
Well sir! Before 2005 wife was considered as coparcener or not? Because you give her 1/4+1/16 share in your example..
1000 likes
Sir, the share of 1/5 which you gave to s , s1,w and D by assuming P alive is only nominal not real and it will be granted if alive coparcener claim partition ?
Plz always mentioned the time in vedio where u have a doubt
Sir at 9:30
Assuming to be dead the property be partitioned first and latter on his SEPERATE share be distributed in heirs according to the Hindu succession act, so nothing is nominal here each get their fix SGARE
Sir what is the nature of property gained on partition by coparcener and what is the nature of property gained by virtue of hindu succession act in hands of person who acquire it?
Check the community column on my channel, and scroll down to judgment dealing with ur queries
Sir can a karta give a coarcenary property to only one coparcenar by will or not. ?
No he can't , as it is a joint property and every coparcenar has an equal right over the Hindu undivided property
Why wife is given share in deemed partition of coparcenary property
It's the rule of partition that a wife mother and grandmother get the share whenever a partition takes place, plz watch the vedio on partition it will further clears Ur all doubt
Sir what is the character of property in the hands of the persons on whom the property devolved by succession??
Plz check the community column and scroll down to find out the judgment that I have shared. It's on ur doubt
Thank u sir 🙏🌸
Sir please help me out in one ques ki does mother also have share in self acquired property of a hindu male.?
If a person died and left his self acquired property then mother being a class 1 heir is entitled to get share
Sir at 6:07 you said that wife, mother, and grandmother will get equal share. What is the provision by virtue of which wife, mother, or grandmother will get this share?
Plz check my lecture on partition
Sir why didn't you teach sec 5 of hsa?? You directly started from sec 6.. and by the way your way of teaching is very good..
Sir sec 5 of HSA??
Sir, agar daughter ki shaadi ho chuki h aur uske kch saal baad partition ho, to kya us daughter ka abhi bhi Coparcenary right h??? Q ki ab to vo is joint family ka hissa ni h, to kya ab bhi use uska hissa milega???
Daughter remains a coparcenar even after marriage but right is given to her in 2005
Sir i have a doubt plz let me know...can grandson claim grandfather property if father is still alive?
why does wife get property in coparcenery property?
According to section 8 who will be the legal heirs of an unmarried Hindu male person, if his mother, 2 brothers and 2 sisters are still alive. (The property is a land purchased by that unmarried person.)
Technically whats the major difference between partition and notional partition?
It's the same concept ,but notional partition is the concept used under the succession act, otherwise it's rules r same
Sir is there any way through which I could send a picture to you of a doubtful content where it is written about nominal allotment of dead coparcener
Ur mail id
Dear Sir
Not able to differentiate between section6 clause 3,, b & c subclause?
Please Guide regarding the same sir ji
🙏 🙏
26:34 , sir mother of pre deceased son will not get the share ,bcoz in class 1 heir list ,it is not given that mother of pre-deceased son will get the property. There is only wife of pre deceased ,son of pre deceased son , daughter of pre deceased son will get the share given as per the list given in class-1 heirs.
Sir if property are partition before 2005 and but after 2005 daughter is co parcenary then daughter can re opne thi property partition? Means kya wo dobara property ka partition krwa skti hai ager property 2005 phle se devide ho chuki ho?
Sir before 2005 married daughter do not get any share in ancestral and self acquired property of father?
If a father dies before 2005 leaving only daughter and widow then can a daughter will get share in father property after marriage
Before 2005 she was not coparcenar but could take the share under Hindu succession act as a class 1 heir
Marriage doesn't bare her right which law gives in her favour
@@harpreetsinghkahlon2827 sir thanku so much now I get your point that before 2005 firstly notional partition was effected between coparcenors then the share of deceased was divided equally between his heirs
If there is a ancestral property than first do partition and when we get the separate property of the deceased than distribute it into his/her heirs
Sir , Apne partition vale video mein btaya tha ki agar son ki death hoti h toh uska separate share h toh sirf uske DECENDANT mein jata h na KI USKE COLLATERAL YA ASCENDENT pr but abhi toh ap son k marne k bad uska separate share mother ko bhi de rhe ho PLS CLEAR KR DIJIYE BHOT CONFUSION HORA H!
In partition there are different rules from succession. In succession after getting the seperate share it will divide according the class 1 heirs so mother is the part of that class
@@harpreetsinghkahlon2827 thank u so much sir 🙏🏻🙏🏻 i used to find this subject very tough n then u came into the picture! U r such a life saviour sir GOD BLESS U 🙏🏻
Welcome g
Hello Sir,
Quick question, the property was initially owned by maternal grandfather, then maternal grandmother and then transferred to mother after the death of grandmother in 2008.
Can a father threaten to disown one his son from his mother's paternal property and blackmail/harass him or his wife due to this reason?
Could you please advise?
Thanks in advance!! 🙏
The person who has no authority over the property can't deal with it. But off the record father with the consent of his wife could deal with the property but in that case also he can't harass or blackmail his son or his wife
@@harpreetsinghkahlon2827 Ok, thanks so much for clarifying this...🙏
just one more thing, the father is stating that he has asked the mother to give him the PoA and therefore he claims that now he has a right to throw the son and son's wife from the house and mother is not saying anything under pressure from her husband.
Can the father pressurise the mother to disown the son from her property unnecessarily and threaten to throw them out of the house to blackmail?
Can the father do this legally or has any right to harrass/threaten the son or son's wife and do a police complaint on some kind of false allegations since he has the PoA??
If no, then what are the legal options the son or son's wife can take to stop this harrasment and threats?
If poa is given to her husband then he has a right to restrain all who interfere into the property but the final decision will be given by mother and if she also wants then son and his wife should not claim any interest into the property
@@harpreetsinghkahlon2827 ok, thank you very much for responding sir! 🙏
Sir like 6(4) me aapne kaha k Pious Obligation ka concept khatam hogya hai. Lekin sir father k debts ki enforcement toh L.R.'s heirs through aaj bhi kri jaa skti haina? Section 42 Indian Contract Act
Personal liability ends but the estate of the deceased when comes into the hand of his heirs, than his estate can be sold in order to compensate the party
@@harpreetsinghkahlon2827 exactly sir and this is what pious obligation also says! Father k debts ki repayment estate inherited se krni hoti thi ab ye chaahe new sec 6 se abolish hogya hai par 42 indian contract me toh zinda hi hua na? Discuss kren sir
@@babitakhanna705 estate is always liable for the debts of his ancestral property,
@@harpreetsinghkahlon2827 sir pls mujhe difference btao aap section 6(4) Hindu succession act and between section 42 of Indian Contract Act
Plz dont be confused, sec 42 only deals with the contract liability and sec 6(4) deals with the pious obligation means debts of his deceased parents. But in both sections the personal liabilities of the children are removed and only an estate is still liable which comes into the hands of legal heirs
Helo sir..S.6(4) da according son grandson or great grandson di koi libility nhi debt pay krn di aftr 2005...
Sir ja father na koi debt liya ha ta bad di death ho jandi ha ..os di property ta osda LRs nu e jandi ha...ki bad vich LRS bna ka suit vich os Lrs to koi v debt di recovery nhi kr sakda..courts ma to abi b LRs bna k recovery suit kiya jata ha..
Plz suggest me sir...
I said in my vedio that child is not personally liable for the debts taken by his father but if the property goes into the hand of his heir than a money could be recorded from him out of the property he inherited from his father.
Sir in Sec 6 clause 2 what is incidents of coparcenary ownership...plzz explain me this
Sir ,par property ka mutation father ke name se nhi hua ha. Aise me kya rule hoga??
Mutation ke lie apply karo
Sir, what's the difference between section 6(3)(b) and 6(3)(c)??
Sir firstly, i would like to thank you very much for your video lectures. Well explained.
Sir i have a query regarding share of the deceased sons mother. Initially when the son dies 1/4 share is given to his mother. Further during partition of the sons 1/4 share among his son, daughter and wife, i feel a share again to his mother is not proper. Does the clause of wife, mother and grand mother acts? please clarify. Thank you
It is a case of notional partition, so she get the share at the time of partition and than from succession she also received her share from her deceased son
Thank You Sir
Hi sir
Jo aap na notional partition wale aap na example de thi uski second example mai doubt hai. Sir jab P na partition claim ki toh sab partition karna ke badh sab ko 1/4 share mila. Phir jab P separate ho jata hai toh aap na uski property directly succession act ke through distribute kar diya instead phale Jo P ko share mila hai i.e 1/4 phale usko notional partition ke through uske bacho or wife mai distribute hona chiya i.e all this wife ,son ,daughter and his exclusive share in the property will be 1/16 each or phir P ka exclusive share divide hoga through succession act I.e uski mother ,wife or two children ko 1/64 each share of P exclusive property.
Sir please tell me if I'm correct or wrong.
Reply soon.
Thank you
Kindly tell the exact time where u have a doubt, will give u the answer of ur question
@@harpreetsinghkahlon2827 sir timing is 25:34 from where the second exam started of notional partition.
@@AbhishekSharma-xt1ew plz check my messages on the same vedio, I have earlier drop my msg and got corrected the problem. Plz check my messages on the same vedio, u can get ur answer
@@harpreetsinghkahlon2827 oh humble apologies sir
I got my answer.
Thank you again sir.
Sir, v hv ancestral property.....if partion takes place in between my father n his brothers my father sell land without his daughters consent being karta ? Can I ask for my share to my father after partion with his brothers ?
When mother is alive then situation son claim in maternal ancestral property
Sirji property of hindu female to be her absolute property discuss sir 14 marks ka question h University ka konsa section likhna hoga sir isme ?
Section 14 and 15
@@harpreetsinghkahlon2827 thank you sirji mai zarur ek waari apse milne aunga future me you are such a great humble person
Sir! What if father died before the amendment of 2005?
Will the daughter become coparcener?
If father died before 2005 then she was not coparcenar at that time, so no ryt to get share in notional partition but she received her share as a class 1 heir under HSA out of the SEPERATE property of her father.
@@harpreetsinghkahlon2827 thank you sir!
Sir notional partition hogyi, Jo dead person Ka share nikla h , kya wo divide Hoga 3 ladies mein ??????
Okkk I got it
Jo dead person Ka share nikla wo remaining copacerners mein divide hoga ager dead person ki maa biwi dadi h to unko bhi dena Hoga otherwise dead bnde Ka share coperaceners mein divide hojega
M I right sir?????
sir if the father has a debt and he dies before partition so how will be the debt recovered sir?
From his personal property, Bcz pious obligation has already. Been abolished
@@harpreetsinghkahlon2827 soo sir when succession will take place first his debts will be cleared and then the partition will take place na?
Sir jab maa coparcenary hai hi nahi toh usse kis basishum hissa de rhe hain?
Wife, mother, garandmother always get the share when partition took place.
Harpreet Singh Kahlon thank you soo much sir i pray to god to fulfil all your wishes in life. ❤️❤️❤️❤️
Sir at 26:45 jo ap P ka separate bata rahe hai woh P ki branch ka joint share kyon nahi ho sakta
Sir
Mere father ka 2003 april me death hua tha.mere father ka ancestral property ka division kaise hoga? After 2005 ya before 2005. mai single brother ,4 sister and mother hai.partition kis niyam se hoga.unka koi will nahi bna tha.
If he was died in 2003 then the succession was also opened on the same day. Rule applied before the amendment of 2005
Thank u sir .
Sir why the concept of survivorship finished??
Due to involvement of notional partition
Sir agar daughter ke father 2005 ke pahale death hue hai aur unki sab property brothers ne sister ko kuch bhi nahi diya aur brothers ne aapas me partition ki to daughter kya kar sakti hai aur usse share milega ya nahi
Well if the father died intestate then she has a ryt to get her share as class 1 heir. Use the notional partition concept if the property is ancestral and the SEPERATE share of the father be distributed according to HSA
Sir ek illegitimate child ko bi legitimate child jaisa mna jatha h or use legitimate ke equal share milta h kya
No
Ok THANK you sir 😊😊
sir if a male hindu died behind him a widow father mother and two sons first we will do notion partition then we will apply successful act sec 8? ryt or wrong
If it is ancestral Property only than notional partition will be done first and then succession. But if it is his separate property than his property will dissolve directly under Hindu succession act
@@harpreetsinghkahlon2827 sir if property is self acquired?
Clause 3 issue 25 min into video
Ek question hai sir wife ko property after death of husband he to milegi?
Obviously death ke baad hi milegi lekin partition me bhi ryt hota he
@@harpreetsinghkahlon2827 partition mai right hota hai after daeth of husband first property divided in son daughter and father
Partition me death Hona jaruri nahi
@@harpreetsinghkahlon2827 thank you sir
Partition mai rgt hota hai lekin husband jab tak zinda hai tab tak wife partition mai se koi rgt nahi milega. M i right sir?
Ma k jinda hone per uska ladka Nana ki property m claim kr sakta hai ya nhai kis section me lekha hai
Sir coparcenary consists of 4 generations at a time father son son's son son's son son...here in the example of predeceased son won't his children get a share when partition takes place of the property as coparceners since they fall in 3rd generation
Plz mention the time in vedio
Sir example at 26:01 ...where there is the father pre deceased son and daughter and children of pre deceased son...I had a confusion copacenary consists of 4 generations at a time who get a birth right in ancestral property so by that rule even pre deceased son's children should get a share out of the ancestral property after partition.
Sir I went through your lecture on partition and there you have mentioned partition first takes place between the first 2 generations ...
Yes it's a rule.
Abhi v property great grand father ke name se ha.
Sir plz reply ...