Applying for Succession in a civil Court.

ponnala (Querist) 13 January 2009 This query is : Resolved
Respected Forum members,

I am a Hindu, from AndhraPradesh State.Am married, in the year 1978.My father died in the year 2003.My father wrote a will bequeathing all the property on my brother and his siblings name.The property,so willed is Ancestral.

In the above condition can i approach a Civil Court for Issue of Succession certificate on the names of my Brother and Myself? Can I claim my Share under" HINDU SUCCESSION ( Amendment) Act 2005,under Sec. 6."/OR go for the PARTITION of Property?

What is the Procedure to be adopted? Is there any Fees to be paid(to the Court)? Kindly GUIDE me. Matter is very Urgent please!

Thanks in advance...

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ARVIND JAIN (Expert) 13 January 2009
YOU HAVE TO GO FOR PARTITION.

Jaydeep Kurup (Expert) 14 January 2009
Succession Certificate is obtained only hen a person dies without a will. Here since your father has made a will, you can apply for probate of the will to get the will authenticated. Necessary stamp duty needs to be paid.

RAKHI BUDHIRAJA ADVOCATE (Expert) 15 January 2009
I do agree with Mr. Jaydeep but before moving towards probate of the will, plz consider the limitation period. As per my view the will should be come under execution after 6 months of the death of the executor.

ponnala (Querist) 18 January 2009
Friends,
What will be the time taken if i go to Court of law for Partition, What will be the fee? Urgent reply is needed please.

Thanks in advance!

M. PIRAVI PERUMAL (Expert) 05 February 2009
You have stated that your father has executed a will in respect of ancestral properties in favour of your brother and his sibilings. You have to approach the Court of Law with a prayer to declare the WILL as null and void, and subsequently prayer by way of mandatory injunction to delete the same in REgistry in case of registered will and subsequently the relief for partition.

ponnala (Querist) 06 February 2009
I am a Female Hindu,My father came in to the family through Gharjamai / Illarikam! The property came to my Father through my Grand mother(By getting married to her only Daughter,She has not given this property through Will) as a partition.

Under these condition,the Property in my Father's hand is....Ancestral /Inherited /Self Acquired... what this property is called?

Thanks in advance...

sanjeev murthy desai (Expert) 06 February 2009
Dear Ponnala,

Section 17 of Hindu succession act :- respecting persons governed by Aliyasantanalaws :

the provisions of sections 8,10, 15 and 23 shall have effect in relation to persons who would have been governed by the aliyasantana law.

But this provisions do not specify the nature of the property of aliyasantana and its nature.

In your case your father acquired the property under a partition with his mother-in-law as a acting son. In the circumstances nature of the property we may be consider as ancestral nature.

sanjeev desai

ponnala (Querist) 07 February 2009
Dear Sanjeev desai,

Sorry i did not follow you. Could you Kindly, elaborate this please!

ARVIND JAIN (Expert) 14 February 2009
FATHER CAN NOT WILL ANCESTRAL PROPERTY. IF MADE A WILL IT CAN BE CHALLENGED IN PROBATE IF FILED. YOU CAN GO FOR PARTITION AND IF IN POSSESSION OF SOME PART OF THE PROPERTY NEED NOT TO PAY COURT FEES.BUT YOUR QUESTION IS NOT VERY CLEAR.