Difference between asking for partition and asking for share
Querist :
Anonymous
(Querist) 07 January 2019
This query is : Resolved
We have a coparcenery property in Mumbai. This was an ancestral land which existed long ago even before 1850 and had come to the share of my Grandfather and also my Father they being male members in the Family.
My Great Grandfather had passed away in 1930, Grandfather passed away in 1989 without a will surviving his only son (My father) and two daughters(My aunts).
I am given to understand that
1. Law of succession will apply as it prevailed on the date of the death of the Grandfather.
2. A female cannot ask for partition in a coparcenery as per HSA 1956 Sec 23.(which existed in 1989)
Query
1. If that is the case, in an absence of partition suit, can my aunts raise any other kind of suit asking for the share?
2. What is a technical difference between asking for partition and asking for a share?
3. In what way is a share actually paid / payable if there is no partition.
Would like to understand the LEGALITY of such a situation.
Thanks for the response
kavksatyanarayana
(Expert) 07 January 2019
A partition is division of property held jointly by several persons. so each person get a share.
Kumar Doab
(Expert) 07 January 2019
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 07 January 2019
Succession opens on date of death; by inheritance (and notional partition may happen) 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..
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 authorities are usually clear on provisions that apply in a case and if mutations have been updated then these should be correct until there are errors .
The provisions of state enactments if any, in your state may be looked into.
The share is as per provisions of personal law that applies.
If share is not decided amicably then the co-sharer can approach court for partition (by boundaries) and court can decide per facts of the matter.
Approaching court is one's right that cannot be infringed upon.
Kumar Doab
(Expert) 07 January 2019
You may take help for any matter from, 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, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/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.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
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.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
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/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
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 your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Querist :
Anonymous
(Querist) 07 January 2019
Dear Sir,
I really appreciate your concern and would like to Thank you for your exhaustive inputs on how to obtain a proper legal opinion.
There is one thing I fail to understand. Won't sharing of information on a site like this, which is meant to address concerns of a common man like me be a great boon also to the others? The idea is that a response from a Expert like you is a good way to understand the legalities and the subject. Moreover it will also help hundreds of other people who may also be in such a dilemma.
There is one more issue. Please believe me - I have spoken on this matter to at least 10 other advocates in person but no one is able to respond to me in a convincing manner. Moreover no one is able to guide me to a reasonably good advocate on coparcenery law.
To camouflage their absence of knowledge on this subject (Coparcenery), everybody talks of Generalities and talks of thing which are more or less General knowledge and known.
My Questions being more specific perhaps need a specific response which only a real Expert can provide and hence this Query on this forum.
Would still look forward to a specific answer on the Query.
Many Thanks.
Kumar Doab
(Expert) 07 January 2019
The very purpose of forums is served by each response in each query everyday.
There are illustrated and exhaustive response everyday supported by provisions of law, citations at LCI also.
You may attach the 10 responses of 10 Advocates.
P. Venu
(Expert) 08 January 2019
How is that the property is ancestral? Has or had any partition taken place?
Dr J C Vashista
(Expert) 09 January 2019
Well advised by experts based on information provided by you.
An anonymous author may not expect obligation of experts as per rule of this platform.
