Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Court partition - is it necessary here

hi

we are two sons, in 50s ,was abroad until recently,for my father who expired in 1980s. and mother recently expired few years back. we have properties in our father's name in chandigarh - but it is only the land records in local panchayat office and otter tax /eb bills on his name. there is no registerd deed or any doc registerd as such till dte since my father had no sibling. we want to get the property registered in both of our names. even thoug we both are in decent terms, some suggest, court partition by way of partition suit is better that way court will send surveyor and direct revenue authorities to create all official land records for this property?

is this a valid suggestion to take forward with.? if we go with court approach, does court expect atleast one of us to have parent registered docs for the property?



Learning

 9 Replies

R.Ramachandran (Advocate)     22 January 2018

Without establishing that your father had the land in his name, by producing the original documents, the above suggestion is rubbish to say the least.  It is like saying that asking for partition of Taj Mahal by filing a suit for partition, without having any basic document to establish ownership of the Taj Mahal!

It is not clear how your father got that property?  If that details are available, one will be in a better position to provide answer to your query.

G.L.N. Prasad (Retired employee.)     22 January 2018

If you come back to India, obtain such land records and get a separate partition deed registered in your names.  Contact Advocate and register compromise through Legal Services authority.  You may draft all those forms, prepare a plan of action, and can at the correct time for getting LSA award.

R.K Nanda (Advocate)     22 January 2018

take help of a local lawyer.

Kumar Doab (FIN)     22 January 2018

Check in person with concerned official in O/o Authority under whose jurisdiction property falls e.g; Naib Tehsildar in MC, Patwaari and obtain copy of mutation records with all link docs……….

 

You may even opt for certified copies or pursue thru RTI route….

Even if IT is some say; Lal Dora land some record might be available…..

Moreover local  govt policies may keep on changing/might have changed  and IT might be possible to get the docs….

It is believed that all involved are Hindu.

The personal law, succession laws that apply in your case may matter.

Confirm!

Kumar Doab (FIN)     22 January 2018

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.

The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir in case of NO WILL, or if probate of WILL (If some WILL surfaces to dazzle you) fails and succession sets in.

The process and procedure to get share updated in mutation records is simple.

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. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

The authority under whose jurisdiction property falls has a set procedure for such matters if WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………and authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt in newspaper inviting objections if any and/or write to legal heirs to submit objections if any in a set time……

The authority shall update share as provided for in the WILL/ personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

The legal heirs may also opt for amicable family settlement narrating the WILL in it and register IT and IT can end scope for any future litigation.

Kumar Doab (FIN)     22 January 2018

You may prefer to discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue matters having a successful track record….and show all evidences of record with you ….for a considered opinion…

Such counsels are properly informed on such matters, have latest notifications, rapport and apt at handling such matters…

A LOCAL counsel worth his/her salt shall tell you point blank on options, scope, merits in each option…..

If you wish; You can go for 2nd,3rd …..and even more opinion….

 

In any case take possession ASAP, keep possession of your share under your possession.

P. Venu (Advocate)     22 January 2018

The question is, how your father acquired possession/occupation of the property. The village records could be ascertain this aspect.

SHIRISH PAWAR, 7738990900 (Advocate)     23 January 2018

You have option to mutally decide the share in the properties or you can file a suit for partition. You can file suit for partition on the basis of land records. Appoint advocate.

adv. rajeev ( rajoo ) (practicing advocate)     25 January 2018

Take the property extract and legal heir certificate of your father and mother then file an application before the revenue authorities to enter both names to the property.


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