My case !
Samudra
(Querist) 20 June 2018
This query is : Resolved
I have filed a partition suit in District court on two counts, 1) Share as adopted daughter of family " A" 2) As legal hire/ a legatee of a WILL { The property come to my biological father through a WILL from my adopted family " A ", and in turn my biological Father gave this property through WILL ( which had come to him from my adopted family " A " ) to me. Is my claim is contradictory, and under which sec of Court fee act applies to me.
Thanking you ALL in advance.
Guest
(Expert) 20 June 2018
Totally confused description of the problem. Forget about partition suit. Please state clearly, what is the exact problem that you are facing. When a will is in your favour, where was the need for filing a suit by you and against whom and due to which specific reason?
Guest
(Expert) 20 June 2018
Totally confused description of the problem. Forget about partition suit. Please state clearly, what is the exact problem that you are facing. When a will is in your favour, where was the need for filing a suit by you and against whom and due to which specific reason?
Guest
(Expert) 20 June 2018
Totally confused description of the problem. Forget about partition suit. Please state clearly, what is the exact problem that you are facing. When a will is in your favour, where was the need for filing a suit by you and against whom and due to which specific reason?
Kumar Doab
(Expert) 20 June 2018
Which personal law applies in your case?
Or are all involved Hindu?
The said property(ies) is agricultural land, rural, Urban, or it is a building?
The said property(ies) is self earned/acquired, ancestral?
The property is in which state?
Is your father adopted, biological alive?
Has the WILL been duly submitted and acted upon without any cloud on IT?
Confirm!
Kumar Doab
(Expert) 20 June 2018
The said property(ies) in partition suit, WILL is/are same or different?
Kumar Doab
(Expert) 20 June 2018
Succession opens on date of death; by inheritance or testamentary succession (in case of valid WILL by deceased owner/testator).
If WILL exists then IT is to see the light of the day and is to be duly acted upon without any cloud on IT.
In case of Hindu male the 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters…… including adopted child (by valid adoption)
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of husband.
If property is acquired from parents side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of father.
Kumar Doab
(Expert) 20 June 2018
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras. It is not mandatory to probate the WILL in other areas. It is not mandatory to register the WILL. IT is not mandatory to notarize the WILL. The WILL should just be valid. Unregistered WILL can be acted upon. The last valid WILL ( even on plain paper /even if handwritten) prevails.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time. If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary. If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. If WILL is not valid IT cannot be acted upon matter shall be decided by inheritance as per provisions of personal law that applies. The legal heirs may also consider perspective of registered family settlement after the WILL and register it. Check locally for compliance with procedure and obtain certified copies even if thru RTI. After due compliance concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter obtain copy of updated mutation records. For partition by boundaries legal heirs/beneficiary can either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies. Although it is wrong since the WILL exists.
Check locally for procedure and compliance as suggested above
Kumar Doab
(Expert) 20 June 2018
If owner/testator is alive and property is self acquired then how can there be any partition claim by any son/daughter and/or claim by WILL?
The succession in such situation has not opened!
Ms.Usha Kapoor
(Expert) 21 June 2018
when THE WILLIS IN YOUR FAVOR WHY THERE IS A NEED TO FILE A SUIT AGAINST WHOM FOR WHAT -PURPOSE ETC.i AGREE WITH kUMAR dOAB ALSO.
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You did not have any different opinion than me, so where was the need to stick on your view immediately after you copied part of my view? Moreover, when you have agree with the advice of someone else also, where you expressed your own view that could be different than anyone else?
Guest
(Expert) 21 June 2018
You may stick to your copied views, if that can make you win some medal, without giving any justification for sticking to that time and again.
Guest
(Expert) 21 June 2018
You may stick to your copied views, if that can make you win some medal, without giving any justification for sticking to that time and again.
Guest
(Expert) 21 June 2018
You may stick to your copied views, if that can make you win some medal, without giving any justification for sticking to that time and again.
