Sita Vallabhav
19 August 2015 at 12:27
Respected learned professionals,
I am common friend of the family. ( On Various discussions with the family members, a clear picture is emerged to me hence the query, respected professionals... )
Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons. ( i was told that WILL need not be regestered & also need not be Probated in this state.)
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.
Now family of Vishnu and Ram have informed Ganesh's family that they will go to court and disprove the WILL.
The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?
What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
How can Ganesh's family prefect the title in their name of this joint holding.
Will the court support Ganesh family on the basis of Survivorship
since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?
please enlighten sirs..
Sita Vallabhav
11 August 2015 at 12:31
Respected learned professionals of LCI,
I am common friend of the family. ( Various discussions with the family memebers a clear picture is emerged to me hence the query, respected professionals... )
Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons.
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.
Now family of Vishnu and Ram ha ve informed Ganesh's family that they will go to court and disprove the WILL.
The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?
What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
Will the court support Ganesh family on the basis of Survivorship? since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?
please enlighten sirs..
Sita Vallabhav
07 July 2015 at 11:49
Respected learned professionals,
Brothers Vishnu, Mahesh, Ram, & Ganesh got their fathers property partioned in 1959 by registered partitioned deed.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together.
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh and his family since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has family and children. Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approches ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequethed whole of his property in the joint holding to Ganesh only.
The will wrritten in 1967 is non registered but witnessed by two persons. The two witnesses are not alive now.
Family of Vishnu and Ram doubt the authenticity of the Will.
Now my doubt is, if the family of Ram and Vishnu approch court for partition suit, hether thy can challenge the auticity of the will as it is no registered.
Or how Ganesh's family prove the authenticity of the will as it is not registered and the witness have died now.
please enlighten me sirs...,
Sita Vallabhav
18 October 2014 at 10:23
Respected Sir...
I earnestly request your valuable time for a query.. I give hereunder nature of the property.
My grand father's property ( which he got from partition of his father) was partitioned in 1959 after my grandfather had died before 1959.
The partition was done between his three sons. Three sons are Kalip, Balu and Atul.
The registered partition deed comprise of schedule A and schedule B. The deed is registered in 1959 itself.
Schedule A is share of Balu and Atul JOINTLY .... Schedule B is share of kalip. All of them died since. Both Kalip and Atul have family and children
Balu was unmarried, died in 1967.
So joint property under schedule A is enjoyed by the family of Atul till now.
I am member of the family of Atul. We were enjoying the property as per schedule B for the last 48 years or so... Schedule B comprises of land with two houses and paddy field which has shrimp farming income.
Both Atul's family and Kalip's family are staying in same city and are in very good terms.
Atul's family learns that legally, their share of property is Half of schedule B (Atul's share in that schedule) and another half in demised Balu's share.
The thing is, as a sincere effort, as suggested by some elders in the family, Atul's family approached kalip's family offering decent amount to clear the title in favor of Atul's family which most of the Kalip's family very much agreed.
But a couple of kalip's family raised issue saying that the properties must be disposed and shared. And also the income from the shrimp farming for all these last several years also must be shared.
This sudden stand of these couple of members of the Kalip family came as a shock to us.
In these circumstances we are forced to defend. and explored how to tackle the issue amicably or other wise.
Can family of Kalip claim share in Balu's share in joint holding of Schedule A?
If the issue to be sorted legally, is it wise Atul's family initiate partition suit or let Kalip's family initiate it?
If Kalip's family initiates partition suit, can Atul's family go for total denial and pray that since the ancestral property is already partitioned in 1959, it is not ancestral and hence cannot be disputed, as mentioned by points 1, 2, 3, 4, & 5 in the end of this mail.
If partition suit is initiated by either of the families, whether the court will order for sale of the property ? As Atul's family wants to retain the property and also would like to buy the other share, will the courts will order or suggest to offer the share for a "decent amount" or will it be the market price?
Respected sir, I once again thank you sincerely for your valuable time and humbly request your kind suggestion as and when time permits.
Does the following points can be raised?
1. The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals.
2. Since Mr Atul and his unmarried brother Balu were the joint co-owners of the share that devolved upon them after such partition then after the demise of such unmarried brother his share can be legally transferred in name of Mr. Atul.
3. Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone.
4. The property not being ancestral any more then the claim of the legal heirs of Mr, kapil in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
5. In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
Please enlighten me sir...
Sita Vallabhav
15 October 2014 at 13:45
Respected sir...
A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as property of Mr. Atul and his deceased unmarried brother, Mr.Balu... JOINTLY ----- Schedule A
They have another brother Mr. kalip, Who was given another property share by way of cash and movable things in this partition. --- Schedule B
The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother) died in 1966. Both Mr. Atul and Mr. kalip were all married and have family and children. Both Mr.Atul and Mr.Kalip are not alive now.
The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.
Mr. Atul's family learns that their share in the schedule B property is half of the total property in schedule B and Second half is to divided in to two between them and the family of kalip
As the family of Mr Atul and mr kalip is in very good terms till now, Mr. Atul's family plans to settle the title issue of jointly held property amicably.. Accordingly his family offers cash in lieue for Mr. kalip's share in Mr. balu's property. though they agreed for the deal initially, now thy claim that they want to sell the property and divide the amount. Also they calim share in the income by way of paddy and shrimp farming for the last 50 years...
But till now kalip's family has not asked for any share in the income so far for last 50 years.
Atul's family emotionally dont want to sell as all these years they were staying the house and they are the major share holders...
I think Mr. kalip's family can only file a partition suit for partition
In that event, respected experts... my question is
1. Will kalip's family get a decree to sell the whole properties that is land with dwelling house, paddy fields etc?
2. Has Atul's family forced to give share of all the income so far enjoyed for the last 50 years?
3. Shrimp farming is done by a society on behalf of several farmers for last several years, and the society distributes the income to all members in the proportion of land... Atul's family collects their share form the society. Can the Kalip's family give a letter to the society to stop distributing share to Atul's family?
If kalip's family file a suit, can Atul's family challenge by saying ( as some very experienced Lawyer opined)
a) "The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals."
b) "Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone"
c) The property not being ancestral any more then the claim of the legal heirs of Mr, kalip in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
d) In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
Respected learned experts if you can give some light into the matter, we can chalk out our plan and be prepared for next step.
Sita Vallabhav
13 October 2014 at 18:27
Respected Experts
My mother's father's inherited property was partitioned between my mother's 3 brothers after the demise of their father. The deed was registered during 1956 or 1959
The land property is still enjoyed by my mother's brother's childrens. They have not sold the property.
THEIR SOLE SISTER (my mother) WAS NOT GIVEN SHARE OR ANYTHING OR MADE PARTY OF THE DEED.
My mother IS NOT ALIVE. She has 4 children who are alive now.
Can we children claim a share in the property shared as per the above mentioned deed of 1956 or 1959 ?
please help me with legal answers sirs...
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Registered deed as kozhuvarka panaya aadharam - meaning plea
Respected Professional
I came across a registered deed in Kerala, which states its Kozhuvarka Panaya Aadharam. What is meant by Kozhuvarka Panaya Aadharam ? ( കൊഴുവർക്ക പണയ ആധാരം )
Thanks in advance