heirs of properties partition?
Querist :
Anonymous
(Querist) 09 April 2018
This query is : Resolved
What we do about partition of property
Situation : hi.my father earn property but all property taken in name of my elder brother.we r hindu joint family.my father died then brther died.After death of my elder brother her wife tranfer property to her name with help of tahsidar of that place.she not include my mother name nor my name in that property. my question1) wat me & my mother do now? 2)tahsildar has power to transfer property?3)my mother is also classone heirs in that property ,not include her name in that tranfer of property.My mother able to file crpc case of 468,467,471,420 on tahsildar & my brothers wife? my brother wife giving false appedvit to tahsildar writing that "she is only heirs of my elder brother & if this information is wrong then sue on me as 199,200."
Kumar Doab
(Expert) 09 April 2018
Which personal law applies in this case?
Or are all involved Hindu?
All properties/resources/funds in the hands of your deceased father were of nature self earned/acquired or ancestral…………………that was utilized to buy said property in the name of brother?
The said property is agricultural land, rural, Urban, or it is a building?
Who survived brother as on date/month/year of his death say; Mother, Wife, sons , daughters…..
Has he let any valid WILL?
Confirm?
Kumar Doab
(Expert) 09 April 2018
Succession opens on date of death.
The legal heirs are per provisions of personal law that applies.
In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed say WILL the estate/property devolves upon legal heirs… ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…..
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website.
Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Check locally and get copies of requisite forms/annexures/procedure, copy of updated mutation records. Pursue RTI route if required.
If LOCAL revenue codes/procedure provide for affidavit to suffice for transfer of ownership by inheritance then concerned official say; Tehsildar might have not committed any transgression….
In any case if any false representation has been made approach concerned official and lodge protest under proper acknowledgment at once and ask to restore back in the name of legal heirs and also stop any alienation. .
Or get order from civil courts..
Kumar Doab
(Expert) 09 April 2018
Without wasting time approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and well versed with LOCAL revenue codes/laws/rules and having successful track record ……and worth his/her salt…
Your counsel shall do the needful and fetch order from court of law to provide relief to you.
Adv. Yogen Kakade
(Expert) 10 April 2018
I don't think that the criminal proceedings u.s. 420, 468 shall sustain. It is advisable for you to challenge the order of Tahsildar in the higher court and to cancel the mutation entry in the revenue records with respect to the said succession.
It is advisable for you to consult a good lawyer along with all the relevant documents.
All the best..
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Kumar Doab
(Expert) 10 April 2018
Same following Query posted as AQ here;
http://www.lawyersclubindia.com/forum/legal-heirs-vs-succession-certificate-and-property-partition-175824.asp
http://www.lawyersclubindia.com/experts/transfer-of-property-677791.asp
Kumar Doab
(Expert) 10 April 2018
Thanks for agreeing with Ms. Usha Kapoor, Mr. Yogen Kakade
Kumar Doab
(Expert) 10 April 2018
The lady has already signed an indemnity and submitted to Tehsildar..so Tehsildar/courts can act on complaint..
Apparently; Due to false declaration posted by you in query the Lady has come forward for a compromise..
IT is entirely your choice..
Yesterday you have posted the query and today you have posted that your mother appealed and her name has been added and now property is on your mother and brother’s wife name!
So the authorities and courts at your location are so fast.
At the same time you have posted that your brother’s wife has approached court for Succession Certificate claiming her to be the only legal heir of her husband..
In your last post you have posted about HAS; Sec 5; Act not to apply to certain properties …..so IT is believed that all of you are Hindu.
In that case Mother is one of the ClassI legal heir and successor.
You have not confirmed if legal heir certificate has been obtained by your mother.
NO comments on your lawyer's observations based on HSA; Sec 5
Kumar Doab
(Expert) 10 April 2018
Your brother’s wife and her lawyer both does not seem to be correct in pleading to the court that she alone is ClassI legal heir and successor..IT could be delaying tactics of litigant and her lawyer.
The case is pending and mother has appeared in court. The court shall decide the matter…..
If case is pending for many years then your mother can pray to court for speedy disposal citing her needs and being senior citizen…. GO thru jurisdictional HC rules on speedy disposal of cases…Your lawyr can help you.
You have also posted that brother’s wife has come forward for a compromise..IT could be due to her false declaration and apprehended consequences..and also decision by SDM.
IT is entirely your choice..to compromise.
If your father had invested self earned/acquired funds to gift or buy the said property then IT is not ancestral….. Rest is facts of the matter based on which your own Lawyer has opined as posted by you.
Your own lawyer that is well versed with facts of the matter, docs, records, inputs can opine the best…on your share in said property…
Kumar Doab
(Expert) 10 April 2018
IT shall be certainly be better to take 2nd opinion and help of another very able senior LOCAL counsel of unshakable repute and integrity specializing in succession/civil matters and having successful track record ….. and worth his/her salt …for a considered opinion.
The 2nd and/or even 3rd opinion is that you have NO share then the offer made by your brother’s wife is not bad….
She may agree to increase the offer from 50% to…………
You and your mother are at liberty to;
agree to register family settlement deed with boundaries and end all litigation and leave NO scope for future litigation…
partition by boundaries
or continue with the cases and let court of law decide the matter on facts of the matter..
If your share is proved (which may/may not happen) then you will get a share and your brother’s wife may choose to appeal and approach upto Apex Court
If your share is not proved then your brother’s wife may choose to tell you the she already made an offer to accept 50% .
In any case SDM has already given 50% share to your mother.
Rest you may obtain 2nd, 3rd opinion and thereafter IT is entirely your choice.
Kumar Doab
(Expert) 10 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.
