hindusucssetionact
deba mohapatra
(Querist) 30 May 2011
This query is : Resolved
sir,we are moyher 4 brothers & 3sisters.one sister unmarraid one widow & youngest sister got married in 2005.my father died in 1988 leaving one house which is still in his name & one more house in my mothers(both property made by his own income) name where my mother 2 brothers & one unmarried sister staying.
we want partition.but our youngest sister & the unmarried sister are claiming equal share from both the property.the widowed sister dont want any share.we want to divid the property in 5 shares 4 brothers & mother.as we have sold an other property in 2005 & the whole money being spend on younest sisters marrage.(which was in my mothers name but all has signed in the sale deed)pl adcice is it possible?we are leaving in the state of Orissa.
G.Sundara Rajan
(Expert) 30 May 2011
The law does not recognise such things as you sold your property to perform your sisters marriage and that being so, that she cannot be a claimant.
Everyone of the siblings have an equal share and you have no other go, but to file Suit for partition of property, if you have disputes between yourself. In case all of you do not have any disputes, you can partition the property yourself and have the same documented so as to avoid future suits in the courts.
prabhakar singh
(Expert) 31 May 2011
As per Hindu Succession Act All BROTHERS AND SISTERS WILL INHERIT EQUALLY IRRESPECTIVE OF THEIR MARITAL STATUS WITH RESPECT PROPERTY LEFT BY FATHER AS WELL AS MOTHER.
An amicable partion may go orally but if goes through writing ,the will required to be registered. IN case all parties are not ready
to go for partition ,the only course open would be a suit for partition.
Guest
(Expert) 03 June 2011
Agree with the opinion of experts.
deba mohapatra
(Querist) 03 June 2011
THNKS FOR YOUR VALUED ADVICE.ONE MORE CLARIFICATION i WANT. SINCE MY FATHER DIED INTHE YEAR 1988.WILL THE PATRITION SUIT BE DECIDED ON HINDUSUCSSION ACT 2005. OR AS PER THE PREVAILING ACT OF 1988?
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Mohapatra,
The Hindu Succession (Amendment) Act, 2005 has no application to your case, since that amendment is concerned with ancestral property and NOT personal/self acquired property.
In your case, one property left behind by your father is his personal/self earned property. Therefore, the same will be inherited by all his legal heirs i.e. your mother, the son(s) and daughter(s) in equal share.
The property in the name of mother cannot be touched by any one of you during her life time, unless she herself disposes the same either by way of Sale or Gift or WILL.
If she does not sell, or give it by way of GIFT or WILL, then after her life time, the said property will have to be inherited equally by all her son(s) and daughter(s).
