Devolution of intestate property
vivek patil
(Querist) 27 May 2013
This query is : Resolved
I Would be greatful if some expert throw light on my Querry.
we are residing in mumbai our grandfather distributed huf property in year 1955 my father got one immovable property share of 700 sqyds with bldg consisting of 15 tenants.since then my father is getting rent and issuing the rent receipts in a fashion of Mr his name and sons and also filing IncomeTax returns in the same fashion.Unfortunately he died in 1984 intestate.leaving behind our mother and four sibling of two sons one unmarried daughter and one married daughter. would it be considered as a deemed partition in year 1984 and it will act accordingly. how this property would be devolve amongst us. please guide.
Adv Archana Deshmukh
(Expert) 27 May 2013
As the partition has already taken place in 1955, the property came to the share of your father will be equally divided between all the children of your father and your mother after his death.
R.K Nanda
(Expert) 27 May 2013
each will get 1/5 share in said property.
vivek patil
(Querist) 28 May 2013
Will not be this property consider as a coparcenery property.if it is then will it not consider as a deemed partition on day of my fathers death in year 1984.
Adv Archana Deshmukh
(Expert) 28 May 2013
It won't be considered as a coparcenary property as the partition had taken place in 1955 only.
Anirudh
(Expert) 28 May 2013
The property which your father got in the year 1955 is a coparcenary property in his hands.
Since he died in the year 1984 intestate, by the operation of Section 6 of the Hindu Succession Act, a partition by operation of law would take place.
The property would have been partitioned in four equal parts - each share going to your father, your mother and you and your brother.
Since your father died intestate, his 1/4th share will go by way of inheritance amongst his legal heirs equally. Assuming his mother was not alive at that time of his death, his share will be inherited by his widow, two sons and two daughters equally.
Be sure, the property which you and your brother get as your shares in the partition will continue to be coparcenary property with reference to your children. They are not your private property.
vivek patil
(Querist) 28 May 2013
When my grandfather made partition in 1955 he gave this property along with my name entered. (Then as a minor ) and mentioned this property should be enjoyed generation by generation is it not considered as a coparcenery property as my grandfather my father and my name as a (then) minor enered in to partition.
Anirudh
(Expert) 28 May 2013
Dear Vivek,
It is not clear what you want to say.
It is also not clear whether or not you properly read my reply.
vivek patil
(Querist) 28 May 2013
Yeah , Anirudhji thats what I assume what you have said is absolutly .but will in this should be a karta or we should approach for letter of admin./probate/succession cert.how to monitor with five diffrnt heads?
