Sankar 02 December 2017

Dhana pathiram - rights

Hello

Need an advise who can write Dhana Pathiram and its Validity.

Background: Have helped my Father-In-Law when in need, with some money and he verbally committed 10 cents of land and he promised he will register the land to my name, unfortunately, he passed away. Now my Mother-In-Law wants to do the same,

Issue: I wonder what rights my mother-in-law must have to write dhana parthiram to me? My father-in-law have 4 daughters and they live all over globally. Does it necessary for all my sister-in-law's needs to sign?

Any direction or valuable suggestion is much appreciated.

Kind Regards

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5 Replies

Vijay Raj Mahajan (Advocate) 02 December 2017

Property of Hindu male who dies intestate without making a Will devolve to his class 1 heirs, namely his widow and all his children. In your case the property of your father in law devolve to his widow, namely your mother in law as well all his 4 daughters. So there are 5 shareholders of this property each having one share each. Your wife gets one share which by itself is more than 10 cent, so claim your wife's share and be happy with it forget all the gift deed or daan parthiram.

Kumar Doab (FIN) 02 December 2017

It is believed that you are all HIndu.

What is Dhana Pathiram? It is some local term. Is it equivalent of Gift deed?

Confirm!

Kumar Doab (FIN) 02 December 2017

If Hindu male deceases without disposing his estate/property in his life time by a valid/registered deed and/or WILL then his ClassI legal heirs; Mother(if alive as on date of his death), Wife(if alive as on date of his death), sons, daughters have 1st right for equal share………….in his self acquired/ancestral property per facts of the matter…………..

The property in question is in which state? If it is in UP (erstwhile undivided state of) married daughters do not have share in agricultural land per UPZALR Act. You may go thru;

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

and other illustrated threads at LCI..

Kumar Doab (FIN) 02 December 2017

The succession opens as on date of death of owner and share of legal heirs is in accordance with personal law that applies.

The authority under whose jurisdiction property falls has a set procedure for such matters if the (valid) WILL has not 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. Obtain copy of updated mutations records thereafter.

The legal heirs may also consider perspective of family settlement after the WILL and register it.