Partition of undivided property

Querist : Anonymous (Querist) 15 November 2024 This query is : Resolved
Scenario in Kerala: The deceased husband had the possessory right as per deed of 1965, whereas the surviving wife has jenmam right as per the same deed. The BT receipt is in the name of wife and others (there are 3 children). In this condition, how to partition the property.

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This discussion addresses partitioning undivided property in Kerala, where a deceased husband held possessory rights and the surviving wife has jenmam (life interest) rights. The property's BT receipt is in the wife's name along with their three children. Partition is possible if the wife relinquishes her jenmam rights, allowing the children to divide the property. Historically, jenmam rights signified ownership of land, but these have largely been abolished by the Land Reform Act, with jenmam rights now often referring to revenue rights.

T. Kalaiselvan, Advocate (Expert) 15 November 2024
Jenmam rights means life interest.
She has rights over the property till her lifetime hence if she consents to relinquish her rights, it may be possible for dividing the property among all the shareholders/ legal heirs.

kavksatyanarayana (Expert) 15 November 2024
The rights over the land passed on from one generation to another and became a birthright. This kind of land came to be known as Janmam Land, and the people who owned it were known as Janmis. If the mother relinquishes her rights over the property, then her 3 children can partition the property by meats and bounds.

P. Venu (Expert) 18 November 2024
To my knowledge and understanding, Jenmam rights denote revenue rights than property rights. All those rights have since been abolished through Land Reform Act.

However, any meaningful suggestion requires that the concerned document(s) be perused and issues discussed.

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