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Sita Vallabhav (service)     13 June 2018

Joint tenants or tenants in common

A Hindu unmarried male aged 40 died in 1967 intestate. His property is co-owned by one of his brothers - B1. He had other three brothers and three sisters at the time of his death. All his brothers & sisters are now not alive. All brothers & sisters were married & has children. Now the query is regarding whether who all have right on the property of the person died intestate.? Whether his sisters children has any right on his property. The brother B1, who is co-owner, is in possession of the entire prooerty, without any claim till today. Whether the brother B1can perfect the title of entire property in his favour ? Whether the limimitation law is applicable here? Kindly enlighten me Warm regards


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 4 Replies

R.Ramachandran (Advocate)     13 June 2018

First indicate how he got the property - whether self acquired or...?

Sita Vallabhav (service)     14 June 2018

Respected sir, thanks very much for the valuable reply... I give hereunder the details....

Respected sir, A Hindu unmarried male aged 40 died in 1967 intestate. He was co-owner of property partitioned in 1957 between him & his brother, vide registered partiton deed. They had other 4 brothers, who were also given properties, vide this fair registered partition. They had three sisters. All these brothers & sisters were alive at the time of his death. All his brothers & sisters are now not alive. All brothers & sisters were married & has children.

 

Now the query is regarding whether who all have right on the property of the person died intestate.? Whether his sisters children has any right on his property. The brother B1, who is co-owner, is in possession of the entire prooerty, without any claim till today. Whether the brother B1can perfect the title of entire property in his favour ?

Whether the sisters have right in his property as Class II heirs.

Whether the limimitation law is applicable here?

 

Kindly enlighten me....

Warm regards

Sita Vallabhav (service)     14 June 2018

Respected sirs,

Would like to adadd one more point here..

At the time of death of unmarried brother, all his three sisters were already married before 1955.

So whether these sisters have any right on the property of the deceased unmarried brother.?

Thanks in advance

 

R.Ramachandran (Advocate)     14 June 2018

The property left behind by the unmarried male is his personal property.

Therefore, whether his sisters are married or unmarried will have no bearing.  His brothers and sisters who were alive on the date of his death are his Class-II legal heirs.

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