sarjit (Teacher) 18 July 2015

Inheritence claim procedures

I would be grateful if someone can advice me on these issues:

I am an Indian descendant in Malaysia. My mother is the sole survivor of 3 siblings. Both brothers are survived by wives and 4 children each. [I have a brother]. My grandfather migrated to Malaysia in the early 20th century and bought land in India [Punjab]. My mother has the land deeds records and my grandfathers death certificate. She has been to India a few times in the past to visit the land where her relatives are looking after it. Her brothers'families are at odds at how the inheritence need to be divided.

Question 1: What are the procedures to claim this inheritence/succession if

a. All the family members are willing to sign statutory declarations as the legal and rightful claimants as descendants.

b. All the family members are NOT willing to sign statutory declarations as the legal and rightful claimants as descendants.

2. What documents are necessary to pusue this deceased state claim? and who are the legal claimants - daughter, daughter-in-laws and/or grandchildren of the deceased?

3. Which courts have the jurisdiction to hear this matter? [Recommend on how to engage lawyers in India from overseas]

4. Is court action necessary if a ONE party wishes to sell a third of the land without others coming to the party? If so, which courts?

Thanking you in anticipation of some helpful advice.

Cheers

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4 Replies

DR. DIMPLE JINDAL (ADV.) (Advocate) 18 July 2015

First of all you have to get inheritence dcertificate. Death certificate is already with you.

After that, it will be declared that who are the legal heirs of the deceseased property. Their names will entered in the record books as the real owner by the patwari. A "Kursinama" will be made for this purpose, which shows completely your family members chain.

each and every member from your mothers brother family and your mother (means daughter, daughters in laws and grandsons and granddaughters) will be legal and rightful claimant and would inheritate the share.

If one member wants to sell his/ her share, then he/ she can go the court for the division of property and demand his/ her indivisual share of possession. Each and every member will become party in the suit and a division plan will be made and decree may be passed as desired by all the members. If the division is not possible physically, then it would become difficult to declare that, who will sale his share and who will purchase the sole property. It depends upon the consent of all the members.

Rest of this, if property is easyly divisible, then there is very clear cut ruiling that one co- partner will not require to take permission from the other partners to sale his share to the third party but he/ she should have offer the same proposal of sale his/her share to the existing partners.

The property disputes are always very complicated. And these disputes vary from case to case. These type of joint property disputes and inherited property disputes are general in nature. Reply me, if you have further any enquiry.

sarjit (Teacher) 19 July 2015

Thanks Mr Jindal for your kind reply. I I think my mothers's and her brothers' names has been entered in the records. My mother recently met the 'patwari'and entered my name and my brother's name in the records. If these records are with existent at the patwari/land office, please advice the next step to liquidate my mother's share. The property consists of small parcels of land; some with shared borders and are within proximity. Please also advise the steps needed if my mother wants to liquidate her share. The land is located in Punjab.

1. Can she initiate court action from Malaysia by hiring a lawyer in India [is this possible?]; Or is it a better idea to come to Punjab and consult a lawyer there to initiate legal steps to liquidate her share?

2. Is it in any way possible to avoid legal proceedings? If she manages to get all legal claimants to agree to liquidating the whole property; what are the documents needed?- Is Statutory declaration to this effect sufficient? And who are the legal claimants that need to do this - Mum and her 2 sis in-laws And/Or all grandchidren need to do this too.

3. Please also advise on a rough idea in costs involved.

Thanks again.

DR. DIMPLE JINDAL (ADV.) (Advocate) 20 July 2015

1. She can initiate from Malaysia by giving power of attorney to any of your relative in India attested by Indian Embassy in Malaysia. 2. If all the legal heirs are amicably ready to distribute the property and comes at a solution with mutual consent, and the share of each and every legal heir is easy divisible, then you can simply divide the property and any body can sell his/ her share. The other heirs have preferential right to accept the "offer to sell the property of his share to the third party" if any one have made a offer to sell his/her share to the third party. 3. If all the legal heirs are amicably ready to distribute the property and comes at a solution with mutual consent, then you can also file "suit for declaration", which is civil suit in nature. In this suit, the court will pass a decree making declaration of the rights and share of each and every co-legal heirs. 4. If all the members are not ready to distribute the property amicably, then you have to file a "suit for possession", in which suit the court will pass a decree making declaration of division between all the co-legal heirs and declare the share of each and every co-legal heirs. this suit is also civil in nature. 5. Your Mother, Sister in laws of your mother, all other members, who are legal heirs to your grandfather will be make party in the suit. 6. Matter of cost will depend upon the option, which you opt. 7. In which city of Punjab State your land have situated? I am also a resident of Punjab State. Perhaps, I can help more in any way. You can contact me at my following contact no and email address. Advocate Dimple Jindal, (M.B.A., LL.B, B.Com), Distt. Courts Barnala Mobile - 9872578325; email- adv.jindaldimple@gmail.com