Division of landed property amongst brothers
M M Pandey
(Querist) 02 November 2018
This query is : Resolved
We are 4 brothers & 1 married sister. Father & mother have expired. We have some landed property still in the name of father. The documents of landed property is with one of the brother who is not willing to give respective shares to brothers. What action can be taken so that all brothers can get equal share.
Dr J C Vashista
(Expert) 02 November 2018
File suit for partition through a local prudent lawyer.
Guest
(Expert) 02 November 2018
Rightly advised by Dr. JC Vashista. You can follow his advice.
uttamtibrewal@yahoo.com
(Expert) 02 November 2018
dear client.............
you need to file partition suit
for any query or help reply back
Kumar Doab
(Expert) 02 November 2018
Which personal law applies in this case?
Are all involved Hindu?
Have the deceased i.e. your father, left any valid WILL?
The property is in which state?
What is nature of said property; agricultural and was IT self earned/acquired, ancestral in the hands of deceased father?
Confirm!
Kumar Doab
(Expert) 02 November 2018
Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).
Until or unless the deceased father has disposed the said property (Land/landed as in query) in favor of brother (unwilling as in query) by some valid/registered deed say; WILL/sale/gift/settlement etc , all legal heirs of deceased father have equal/share, as per provisions of personal law that applies e.g; Hindu.
If yes, the said brother may be right, however may share the facts and details with other legal heirs.
In case of a valid WILL left by deceased father the consent/NOC of other legal hiers may be required.
Otherwise; the personal/private willingness/unwillingness of said brother is unwarranted, does not matter.
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed 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……
You may understand the procedure.
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.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL 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 ( without boundaries) 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. Any of the legal hiers can submit to comply with procedure.
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.
The legal heirs may also consider perspective of registered family settlement ( with boundaries) after the WILL and register it.
Check locally and comply with procedure. Thereafter 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 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 IF the WILL exists.
Check locally and comply with procedure. And take control of your share.
Kumar Doab
(Expert) 02 November 2018
If a dispute has cropped up and NO amicable settlement is achieved amongst legal heirs, then:
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and settle the matter amicably and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you to get partition deed (with boundaries) thru court of law, which may take IT’s own time.
Your counsel may even opine to claim mense profits, per facts of the matter.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
The court can partition with boundaries per facts of the matter.
