Hindu succession act

Querist : Anonymous (Querist) 25 December 2011 This query is : Resolved
Respected Gentlemen,

My maternal grandfather died in 1988 leaving ancestral (yes it is a pure ancestral property as he was a farmer and bought additional property using income from ancestral property) property with 8 heirs (5 sons and 3 daughters). All the daughters were married at the time of his death. My grandparents were harassed by 4 sons and were forced out from his ancestral home. My fourth maternal uncle whom I call X here was sane. He took care of his parents and made them settle in same village with support from two daughters (I am son of one of these daughters). Under false pretexts even my father was made to report to police station by my maternal uncles excluding X. Police station obviously realized truth and complaint did not stand. Almost all atrocities can’t be written here as we are Indians and have shame.

My grandfather had to file maintenance suits in court and got maintenance from his four sons till his death. My grandfather had filed two NCs (fearing physical threat from his four sons). Thanks to RTI all the case antecedents can be made available. My grandfather had to die an unfortunate death in court premises.

Grandfather left behind 3 properties out of which 1 property was sold in 1993 and all 8 children got equal share. As per grandfathers wish the daughters and X insisted that the balance property be transferred in the name of youngest maternal uncle. An affidavit was signed by all 8 in 1993 in front of magistrate that they all agree to transfer the balance property to my youngest maternal uncle. However the actual transfer did not happen till date as one of maternal uncles refused to sign on the transfer deed papers of talathi. My grandfather had left no will. Except the affidavit there was no agreement or partition (even affidavit is not a registered partition and not a valid document). Now all three daughters are also dead leaving behind two each as heirs. The balance property has to be sold now.

My point wise queries now are –
1. What are the criteria for disqualification of an heir, because as per Hindu succession act, which was more inclined towards male heirs earlier, incorporates our basic Hindu principles of respecting and taking care of elders? The basic Hindu principles were not respected given fact that my grandfather died unfortunate death in court after being forced out of his ancestral home? Do the sons who harassed their own father have a right to be heirs of ancestral property? Does court take cognizance of these facts before deciding on partition settlement case? What are criteria’s applied by law in such cases on deciding disqualification apart from normal sanity, character, change of religion etc..?
2. Will my maternal uncle X who took care of his parents and always stood by them get more share in the property?
3. Will the amended Hindu Succession act apply here as the property which was supposed to go to youngest maternal uncle will now be partitioned in 2011? There is neither validly registered partition nor a court decree applicable here. Maternal uncles cannot decide in 1993 to transfer to one brother in 1993 and agree to dispose off same property in 2011 using old law by merely stating that grandfather died in 1988 and succession opened that time. My mother had agreed in 1993 to transfer the property to my youngest maternal uncle but not to sell balance land and take share the way maternal uncles feel so. My mother before dying had shared with me and my brother that if they sell the property she would claim her legal share but she died before property being put up for sale. With latest law when the daughters were married is not an issue.
4. My maternal uncles say that as per old law that too now in 2011 (with no formal registered partition available) that the property shall be divided in 6 parts one part each of my maternal uncle and one part of my grandfather. In my grandfather’s share there will be again 8 parts and we will get the proportionate part from my grandfather’s share which comes to only 1/96th of total property for we all cousins (children of three daughters of my grandfather). I feel this is not what is appropriate as per latest laws? My brother had posted a simpler straight query explaining that there was no formal registered valid partition (done on or before 9/9/2004 which is true after reading full case now) earlier on 15/12/2011 for which he had received reply as amended law will apply. I need your advice. There has been enough embarrassment of my family due to unfortunate quarrels and court cases (for really no reason), hence I would like to finish of making my firm stand on my share in the property (as deceased grandfather’s grandson-daughters son).
5. Thus earlier in 1993 equal share was given to make my mother and aunts to sign the affidavit so that one portion of property can be sold off. Now they want to sell the balance property with my mother and aunts dead citing application of old succession law. Is it correct?

The case stands fully explained now. Now there is no room for any ifs and buts.

This case in simple to the point way was put up by my brother too. But the opinions are differing. Hence this is a fresh query explaining the case in toto.

I need your free and frank advice in this matter.

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prabhakar singh (Expert) 26 December 2011
your these words have in my guess caused every one to avoid your query"I need your free and frank advice in this matter."

AT LEAST I AM AVOIDING IT ON THIS SCORE ALONE.

Querist : Anonymous (Querist) 26 December 2011
What I meant by "I need your free and frank advice in this matter" is unbiased and clear opinion. Your help is indeed helpful in this matter.

R.Ramachandran (Expert) 26 December 2011
Dear Lawkidossss,
You have to indicate as to in which State the property is situated.

Querist : Anonymous (Querist) 27 December 2011
Property is in Western Maharashtra.

Devajyoti Barman (Expert) 28 December 2011
You should make request for out reply not to dictate how and in wjat manner you need the same.

Hindu succession act

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