Partition problem

Which personal law applies in this case?

 Or are all title holder/legal heirs i.e. sons, daughters or the sons and daughters of deceased; Hindu or convert…?

The said property is agricultural land, rural, Urban, or it is a building?

Who was 1st owner in Family tree; the deceased father (Your maternal Grandfather as in query) or his forefathers? If possible mention date/month/year on which property was acquired by 1st owner?

The deceased father got the property from father’s or mother’s side?

How did IT devolve upon deceased father say; by inheritance, partition, decree of court etc etc?

The property is self earned/acquired/ancestral in the hands of deceased father/last title holder  as in your query?

Apparently deceased father did not leave any valid WILL and NO WILL has surfaced?

As per your post IT is not clear if mother, wife, of deceased father were surviving as on date of his death?

The daughters were married as on date of his death?

The property is in which state?

Confirm!

Succession opens on date of death; by inheritance ( and notional partition may set in)

or testamentary succession (in case of valid WILL by deceased owner/testator).

If WILL exists then IT is to see the light of the day and is to be duly acted upon without any cloud on IT.

In case of Hindu male the 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of husband.

If property is acquired from parents side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of father.

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL. IT is not mandatory to notarize the WILL. The WILL should just be valid. Unregistered WILL can be acted upon. The last valid WILL ( even on plain paper /even if handwritten) prevails.

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. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the 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. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time. If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary. If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. If WILL is not valid IT cannot be acted upon matter shall be decided by inheritance as per provisions of personal law that applies. The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally for compliance with procedure and obtain certified copies even if thru RTI of mutation records and with all link docs

After due compliance concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter obtain copy of updated mutation records. For partition by boundaries legal heirs/beneficiary can either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies. Although it is wrong since the WILL exists.

Check locally for procedure and compliance as suggested above and get all copies to arrive at proper conclusion.

Originally posted by : LAKSHMI NARAYANA
	hi, this is lakshmi narayana, my mother's father(grand father) has 11 child of which 4 sons and 7 daughters. he partition his property(not ancestor property) to 1 st son in the year 2002 and he died in the year 2015 later remaining 3 sons shared remaining property into 4 parts (includes mothers share) without giving any property to any daughter and out of 7 daughter 1 was died and remaining 6 daughter signed in the property registered documents of 3 sons. now my question is 1). are any daughter can file a suit for share in property ? (at the time of marriage of all 7 daughter each gifted 30 grams of gold only). 2). if yes, from whom they can recover property from 1st son or from remaining 3 son's or from 4 sons together or from mother share ?

Ancestral Property……..that is four generation old……………….in other words the property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Assuming that the property was not ancestral in the hands of your deceased maternal grandfather….and all involved are Hindu…

By which valid/registered deed he disposed (partitioned as per your post) part of his property in favor of his 1st son in year 2002?

Further assuming that the said disposal/partition was valid then title of rest of the property remained with your deceased maternal grandfather….!

Since he died in 2015 the succession sets in ( If NO Valid WILL surfaced) and all ClassI legal heirs as already explained above get a share…(including 1st son that got a part of property in 2002)…

Daughter that died ( pre-deceased or even if she died after her father) get one ( equal share) share………..

Apparently she did not sign on said ‘property registered documents of 3 sons’ as posted by you.

SO her share devolves upon her legal heirs as already explained above….. and there should be NO confusion and dispute about IT, if facts narrated in your query are correct!

Rest of the 6 daughters signed ‘property registered documents of 3 sons’ as posted by you……………

What is this ‘property registered documents of 3 sons’; say; sale/gift/release/transfer/relinquishment/NOC etc etc …………….and what is the role of 6 daughters say; donor/settler/seller/ transferor/consenting witnesses  etc etc ?

Do you copy of said deed?

 If yes, you can easily understand.

Were mother and wife of your deceased maternal grandfather alive as on date of his death?

Apparently none of them, as per their query, sign on said ‘property registered documents of 3 sons’ and also did not dispose their share in their life time by a valid/registered deed.

If yes, their share devolves upon their legal heirs as already explained above.

1. Since deceased daughter did not sign on said ‘property registered documents of 3 sons’, her equal share devolves upon her and after her upon her legal heirs, as already explained above.

For other daughters you need to check the said ‘property registered documents of 3 sons’ and relate with as illustrated above, and you shall be clear.

If they have disposed their share in favor of 3 sons by a valid/registered deed then they have NO share.

Of course the share of mother and wife of your deceased maternal grandfather ( if any as already explained above) can devolve upon all of legal heirs that includes 4 sons and 7 daughters…  and share of deceased daughter  devolves upon her legal heirs..( as already explained above)

The gold that was gifted at the time of marriage to all daughters is their absolute estate/stridhan…and out of purview ..

 2.  Who wants to recover and why? 

The mother’s share ( be IT mother of your deceased maternal grandfather or his wife or both ladies as already explained above ) devolves upon her/thier legal heirs as already explained above…

From your deceased maternal grandfather’s property ( not ancestral as per your post) substract property disposed to 1st son and also share of deceased daughter that did not sign on said ‘property registered documents of 3 sons’ and thus you will get balance.

Your post is not very clear if this whole balance property got registered to 3 sons…

If yes then from mother’s share;

These 3 sons keep their share

Other 1 son and 6 daughters that are alive and legal heirs of 1 daughter that has deceased approach these 3 sons as above to get their share…

Simple procedure may be followed to get shares updated in mutations records…( say as per procedure of Intestate Succession as already explained)

Thereafter they (legal heirs) are at liberty to dispose their share (Undivided…….or divided with boundaries as already explained above) ……………………

So all need to approach O/o Authority with al requisite docs and let the authority post correct share in mutations records…

The 3sons as in your query may also agree to pay/buy share of others..

Is amicable settlement has not been tried or is not possible to devide by boundaries, amicably?