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Sita Vallabhav (service)     14 October 2014

Family inheretance

Respected sirs...
Can I ask  legal query? which would be of great help for my cousin.

A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as undivided property of Mr. Atul and his deceased unmarried brother, Mr.Balu...
They have another brother Mr. kalip, Who was given another proper share by way of cash and movable things in this partition. The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother)died in 1966.

Both Mr. Atul and Mr. kalip were all married and have family and children.

Both Mr.Atul and Mr.Kalip are not alive now.

The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.

Mr. kalip's family and children goes and asks in 2014 for their right share in the Mr. Balu's property.
Family of Mr.kalip is demanding share of land as well as all the previous incomes enjoyed from the joint property (paddy cultivation, shrimp farming incomes etc.,)

Can the family of Mr. Atul deny any share or property or share of income they were enjoying so far without any claim for the last 48 years? They are telling that nobody had claimed for the last 48 years.

Is Mr. Atul's family blound to give all the previous incomes by way of paddy and fish farming ?

Because Mr. Atul's family is not ready to give any share, what is the possibility of Mr. kalip's family to get share of property?
Is any criminal or civil suit to be filed to get the partition and all the incomes so far? If they file a suit, normally how long it takes to get it partitioned?

Mr. Atul's family plans to do some repair work in their this dwelling house. Can Mr. kalip's family get a stay not to do any work on the house?

Also it is learnt that one of the shops is getting vaccated soon. So Can Mr. kalip's family get a stay from not allowing mr. Atul's family from giving the shop to a new tenant?

hope the respected experts can clear my doubts..

Thanks and regards...


 2 Replies

prakash chandra jain (proprietor.)     14 October 2014

adarniya sita ji. you have told the story of three brothers and their property. in short, i must say that the character of this property even today is joint one due to certain incidents in family. it is a coparcenary or copartnership or ancestral or become undivided one. the legal heirs to all three deceased  brothers are holding it jointly.each of them has right into it. their rights are floating upon entire property. they should enjoy it jointly, use its income jointly and can not do any act regarding it separately.prakash chandra jain advocate indore no-09826779759.

T. Kalaiselvan, Advocate (Advocate)     18 October 2014

The simple and short answer to your query is that the property jointly enjoyed by Atul and his deceased brother until his brother died (unmarried-issueless), was still in the sole possession of Atul.  However, Atul is entitled to only half share in the property as per the partition, hence Atul was holding the property of the deceased on behalf of the legal heirs of the deceased as well.  Therefore it is the duty of the Atul to divide and disburse the income derived from the share of the property that belonged to his deceased brother, to all his legal heirs.  Now Kapil being one of the brother of the deceased brother Balu, he can very well claim a right to a share in the deceased Balu's share of the property from Atul and this clearly indicates that both Atul and Kapil as class II legal heirs of deceased Balu, are entitled to inherit deceased Balu's share of property equally.  Hence, Kapil's heirs claim for share in the property of the past as well as present and also a share in the property itself is justified and legal.  Kapil's heirs can file a partition suit against Atul's heirs enjoying the entire property.

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