VIJAY KUMAR (Under Secretarym(Retired)) 11 April 2016

Distribution of ancestral lease hold property in delhi

Ours is a Lease hold property in New Delhi allotted as rehablitation after partion of country. Its still in my father's name who died in Feb 1985. My mother died in June 2000. We are now 4 legal heirs two brothers, myself 64 living and having sole possession of Property after mother's death. My elder brother living with family and settled in Bangalore since 1974 who married in 1979. Two sisters, elder 67 married in Dec. 1976 and the younger 58 married in 1987. My question is which particular provision of HSA 1956 is applicable in this case for distributin f property, whether pre 2005 amendment or the amended one. Secondly in what proportion will the distribution of this ancestral property take place. My brother says that he is"Karta" and his decision of 1/4 should prevail but I feel it should be 50 :17:17:17. Kindly suggest the legally, morally and socially acceptable solution for distribution.

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(Guest)

Legally your brother is right --- All property will be divided 1/4 equally

Section 10 of Hindu Succession Act 1956

10 Distribution of property among heirs in class I of the Schedule

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:

Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

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1) Additionally Lease Deed required to be studied to find what conditions are mentioned in that deed

2) Only Law is Supreme nothing else ( Morally and Socially are just emotional words , You have to follow Law irrespective what you or others feel , because Law is made to govern whole society , You can not say this is socially or morally , your words will not have any standing in Court of Law. If you go back your interpretation can even lead to sitution where you may claim girls don't have any right , So this is just sake of fighting emotionally , You should follow Law, even if it is against you)

3) Sorry for bitter advice .

Ravi 14 April 2016

Namste sir I want to ask u, are Right is dead daughter son's in his alive grandfather Entail(not self acquired) property. We had already divided land property in court within grandfather,grandmother,my mother and my brothers except of our dead aunties(my father sister)alive son's. But my dead aunties son's demanding money to us otherwise they said we going to court and we assert on of u all.