Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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velayudhan (Senior NCO)     26 March 2013

Advise regarding property rights and parttition procedure

Dear Sirs

1.            This is with regards to partition of our ancestral property approx 18 cents of land which is a joint property with a house at place Nemmara in Palakkad dist ,kerala Which, needs to be partitioned and, there is ongoing dispute among the family members over the rights of share.

2.            My grandfather Mr. Kunjan Nair had a total of 08 heirs (05 sons and 03 daughters) out of which only one daughter is presently alive, rest all the seven are deceased.

Out of the 05 sons 02 of them have no legal heirs as one of them was unmarried and the other had no issues. Rests all have legal heirs. The one lady out of the three mentioned is my mother who is no more.

3.            Now there is a dispute with regards to sharing of the said property.  One of the heirs of the female member is claiming that he is entitled to get a lion’s share and at the same time states that there is no right of claim over the property for the deceased male members. In other words he means that no heirs of the dead male members can claim right over the said property.

 Request please advice as per the latest rule of law, over few questions as appended below and the right procedure to be adopted for partition so that everyone gets justified share as per his or her rights.

 

QUERRIES:

1.            Whether the heirs of the deceased male members can claim right over their fathers share or not?

2.            What will be the position of the shares pertaining to the 02 deceased heirless male members?

3.            Can the heirs of the deceased female members claim a lions share as mentioned above on the grounds that her mother has financed for the repair of the house and that one female among them is unmarried till date?

 

Thanks & Regards

Velayudhan



Learning

 1 Replies


(Guest)

Mr. Velayudhan,


1. Whether the heirs of the deceased male members can claim right over their fathers share or not?

ANSWER: Heirs of deceased male member or female member, all can claim rights over their father's share.


2. What will be the position of the shares pertaining to the 02 deceased heirless male members?

ANSWER: Even if they are heirless, they will get their share. After that, they can dispose-off their share according to their will. Having heirs is not a mandatory condition for succession in ancestral property.


3. Can the heirs of the deceased female members claim a lions share as mentioned above on the grounds that her mother has financed for the repair of the house and that one female among them is unmarried till date?

ANSWER: Heirs of a female member cannot claim 'lion's share' on the ground of financing repairs. Because even 'self-acquired property' becomes ancestral on blending it with the ancestral property, and no one can increase his/her share in the ancestral property because of previous contribution. Being unmarried doesn't increase share.


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