RAMUK (Management) 24 September 2013

Share / partition

Sirs,

My father expired few years back leaving behind my mother (M1), 2 sisters (S2 and S4) and 2 brothers (B3, B5 and myself B6). The legal heir certificate is on all the six of us. Father had the following property and has not created any will. All sons / daughters are married and have children (some of the children are married and have kids).

a. Individual House in the city (Presently occupied by M1, B3 and B5);

b. House Plot on the outskirts of city

c. Dry Land - Title is still in father's name but being used by father's colleague.

We have been discussing for all these years for a amicable partition of the properties but consensus eludes as eldest sister (S2) is bit arrogant and needs a larger share. Settlement needs to be done early as elder brother (B3) needs money to meet his urgent needs. Some of the members of the family have converted from Hindu to Christianity.

Please clarify / advise:

1. For (a) and (b): Does all the legal heirs have equal share (or) is there any preference to be shown to elder and non converts / present occupiers. Does conversion has any impact on the partition / share.

2. How to treat the peculiar case of property in (c) since it is being enjoyed by friend of my father by a oral understanding which some of the heirs acknowledge and others don't.

3. How to force a very quick decision on S2 and save B3. We have failed for all these years.

4. Is it advisable for all the legal heirs other than S2 to release their respective shares in favor of another brother B5 for a consideration so that B3 who urgently requires money is satisfied. What would happen to share / share money of S2.

5. Any other solution in the above circumstances.

Regards

Ramuk.

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4 Replies

adv.raghavan (Advocate,9444674980) 24 September 2013

property belongs to all the legal heirs, suit for partition is the best way possible,it will avoid lot of things. u can forget converts,no share for them. No special status for elders. u can sent a notice to your father friend,to vacate the land, who is enjoying the land by oral agreement.Otherwise find a third party and dispose the property and make settlement accordingly. for question 3,you people can make a payment to B3 and can get relinquishment deed for his share.

RAMUK (Management) 24 September 2013

Dear Sir

Thank you very much for your immediate reply. I have few further clarifications on your response.

1. You have mentioned that property belongs to all legal heirs and at the same time, you have also mentioned "...no share for converts". What happens if father itself was a convert at the time of his demise. Would the Christian marriage by Sons be treated as converts.

2. With regard to Relinquishing of share by B3, would it be better: (A) if it is done before Partition Suit, (B) Can some of other heirs also relinquish their share prior to suit. (C) What happens to share of S2 if all others relinquish their share in favor of B5.

Thank you sir once again.

Regards.

RAMUK

adv.raghavan (Advocate,9444674980) 25 September 2013

if father was converted to christianity at the time of demise, he will not get his share from ancestor property, 2, partition suit takes long time, only for the purpose u people , u can make a payment to B3 and can get relinquishment deed from him for his share,3, if u r ready to pay them they can also relinquish their rights over the property prior to suit.3, it will be contest between S2 and B5 over entire property rights.

RAMUK (Management) 28 September 2013

Dear Sir

Thanks for your reply and i am now able to understand except for one issue.

Properties 1 & 2 are acquired by father during his time and property 3 is ancestral. All three are in the name of father at the time of death of my father.

With regard to conversion, how it is to be legally established for conversion. He had membership in church for long time and last rites were performed as per christianity including cremation in cemetry.

Regards.

RAMUK