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Share of property

(Querist) 28 July 2014 This query is : Resolved 
Dear Sir/Madam,
My father died without leaving a will. My father is succeeded by my mother, self (son), my brother and sister. The properties are in Tamil Nadu.

1. First property in question is ancestral agricultural land.
2. The second property in question is a residential flat which my father acquired with his own earnings.

Questions:
1. What is the percentage of share of the said properties amongst the four of us?
2. If my sister wants to relinquish her rights over the said properties with out any consideration, what legal formalities have to be carried out (Paper action)?
3. Whether any sale deed or any other deed has to be executed amongst the rest of the three of us? There is no consideration involved.

Thanking you
Regards
Anirudh (Expert) 28 July 2014
Dear Mr. Govindarajan,

1. First you have to indicate as to when your father died.

2. Secondly, when you say that agricultural land is 'ancestral property', you have to indicate the following:

(i) From whom and in which year your father got that agricultural land?

(ii) If he has got it from his father, then whether his father had self-earned that property? If so, in which year?

(iii) If your grandfather had got the property from his father, then in which year your grandfather got that agricultural land?

Only after knowing the above details, it will be possible to give an answer to your query.
Dr J C Vashista (Expert) 29 July 2014
Incomplete informations.
malipeddi jaggarao (Expert) 29 July 2014
The rights of legal heirs by distinguishing the property as ancestral and self-acquired is only during the life time of your father. As he did not bequeath any Will, all of you are eligible to inherit the property as per the Hindu Succession Act, 1956. The relevant rule is reproduced hereunder:
10. Distribution of property among heirs in class 1 of the Schedule. -

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules under Section 9:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

So, in the entire property left by your deceased father your mother is eligible for half-share and the remaining half-share is to be devided among all your brothers and sisters.
G. ARAVINTHAN (Expert) 29 July 2014
you will get 1/4 equal share
malipeddi jaggarao (Expert) 29 July 2014
You can get the transfer of the property of the deceased by mutation in the land records/Municpality. As regards relinquishing of share by your sister on her own, she can execute a gift deed, or relinquishment deed which is to be registered with appropriate stamp duty with SRO.
N Govindarajan (Querist) 29 July 2014
1. Dear Sirs, thank you for the prompt reply. I am more confused now than I was before. It is possible my grand father acquired the agricultural property from his own earnings. Let us assume so. My father and his two brothers divided the land after the death of my grand father and all have valid pattas and records are up to date. There is no dispute in this regard.

2. My father expired in Mar 14.

3. A property whether it is 'Hereditary' or not, does it have any bearing on the percentage of share amongst the legal heirs?

4. Is the share in both properties 1/4 th to all legal heirs or 1/2 to mother and 1/3 rd of the remaining portion to the siblings?

5. Kindly advise regarding the advantage of Gift deed over relinquishment deed and vice versa. Is it compulsory to register such a deed in SRO?

Thanking you
Regards
Anirudh (Expert) 29 July 2014
Dear Mr. Govindarajan,

You say "My father and his two brothers divided the land after the death of my grand father and all have valid pattas and records are up to date."

Why don't you please tell in which year your grand father died, and in which year your father his his brothers divided the property amongst themselves?
P. Venu (Expert) 29 July 2014
According to law, the property needs to be inherited in equal share among the mother and children. However, you can carry out a family settlement.
N Govindarajan (Querist) 29 July 2014
Dear Sir,
The division of property between my father and his brothers was prior to the death of my grand father. Death of my grandfather in the year 1985 and division of property in the year 1980.

Thanks
Regards
T. Kalaiselvan, Advocate (Expert) 30 July 2014
The first property in question does not fall in the category of 'ancestral property'. It is a share of your father out of the partition of the grandfather's property. Therefore, since your father died intestate, this agricultural land aswell as the house property will devolve upon all his legal heirs equally, thereby all the four you will be individually entitled to 1/4th share in each of the property. Upon your sister's desire to give away her share in the property in any one of your favor, she can relinquish her rights by executing a registered release deed in favor of such person thereupon, her share of property will be acquired by the beneficiary accordingly.
N Govindarajan (Querist) 31 July 2014
Dear Mr T. Kalaiselvan,
Thank you. I am clear now. The query may be treated as resolved.

Govind
T. Kalaiselvan, Advocate (Expert) 31 July 2014
You are welcome for your appreciations.


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