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Sita Vallabhav (service)     14 October 2014

Family inheretance partition

Respected sir...
Can I  ask a  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 property of Mr. Atul and his deceased unmarried brother, Mr.Balu... JOINTLY   ----- Schedule A
They have another brother Mr. kalip, Who was given another proper share by way of cash and movable things in this partition.  --- Schedule B

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 is interested in getting  their right share in the Mr. Balu's property.
Family of Mr.kalip  like to get 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 not interested 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?

If Mr. kalip's Family go to file a suit to get the partition done for their share in Balu's property, how long it will take to get final decree that is from lower court to supreme court? Also will Mr. kalip's family get the share of all incomes that Mr Atul enjoyed for the last 48 years?

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 expert can clear my doubts..

Thanks and regards...


 2 Replies

B.T. RAVI (LEGAL MANAGER)     14 October 2014

Kindly try to draft simply because of legal experts should concentrate others queries also.

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ROHIT SHARMA (Legal Advisor )     14 October 2014

1. The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of  the individuals. 

2. Since Mr Atul and his unmarried brother Balu were the joint co-owners of the share that devolved upon them after such partition then after the demise of such unmarried brother his share can be legally transferred in name of Mr. Atul.

3. Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone.

4. The property not being ancestral any more then the claim of the legal heirs  of Mr, kapil in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.

5.  In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.

6.  If need be for further discussion and personal private legal consultation  you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.









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