Partition of property
Chippy
(Querist) 20 November 2018
This query is : Resolved
Sir.. My father passed away in 2008 and my mother become mentally ill.. Before her death she had partitioned our fathers property to me and my sister in 70 :30 ratio respctively.. But after her death there is a 3 acre land of which i am doing the renuvating works. But my sister suied file against me to get the land.. What should i do?
Dr J C Vashista
(Expert) 21 November 2018
Contest the suit through a local prudent lawyer, you have no other option.
Your sister is entitled for 50% of the property. Partition made by mother is invalid.
Advocate Bhartesh goyal
(Expert) 21 November 2018
Partition of your father's property made by your mother is not valid in eye of law.Now after death of your mother, you and your sister have equal rights and shares in the property.contest the suit.
Kumar Doab
(Expert) 21 November 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your father left any valid WILL?
The daughter was married as on date of death of father (title holder as per query)?
Was mother of your father alive as on date of death of your father?
Did your mother dispose (partition as in query) whole property or only her share by a valid/registered deed?
The property is in which state?
Was there any updation in mutation records after death of your father or said partition by your mother?
As per query your mother is not alive?
Confirm!
Kumar Doab
(Expert) 21 November 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Was your declared mentally ill and unable to understand what is being disposed off, by a qualified medical specialist/Psychiatrist?
Kumar Doab
(Expert) 21 November 2018
The authority under whose jurisdiction property falls 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. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Your mother/sister are one of the legal heirs and you can enjoy your share and they can enjoy their share. Isn't IT?
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
Kumar Doab
(Expert) 21 November 2018
Your sister and you can settle the matter amicably and she may agree to share the expenses incurred by you, and both of you can register the settlement and close the matter forever.
If the merits are not on your side then there is NO point in fighting a lost battle.
Kumar Doab
(Expert) 21 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Testamentary /Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Testamentary /Civil matters matters.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for financial matters or any matter about which you are not properly informed.
