Civil Procedure Code (CPC)

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Uday Singha   18 June 2021

Property claim or inheritance

My father and his brother held a property jointly. My father died intestate. My mother has also passed away.
There is a mutually agreed partition agreement based on which a court decree is there & the property is partitioned among them based on that decree.
As my father died intestate how do his children (3) legally claim the partitioned share of the property of my father.


 7 Replies

P. Venu (Advocate)     19 June 2021

The query is repeated.

Vasundhara Singh (Student)     19 June 2021

Hello!  

If a Hindu male dies intestate, that means without the will, then the property is divided among his legal heirs according to Hindu Succession Act, 1956. The property is first given to heirs of Class I and if no heir is alive in Heirs of Class II and then to agnates and cognates in the order. The priority is always given to the Class I heirs.  

According to Section 10 of the Act, class I heirs include:  

  1. Mother,  

  1. Widow,  

  1. Daughter,  

  1. Son,  

  1. Widow of a predeceased son,  

  1. Son of a predeceased son, and so on.  

After the 2005 Amendment to the Act, the daughters were also added as the heirs and they had equal rights as the sons.  

Therefore, in your query, if the deceased has left behind only children and no mother or widow, then the property will be equally divided among the three children.  

Regards  

Vasundhara Singh  

Shashikant V. Patil (Lawyer)     19 June 2021

As stated by Vasundhara Singh , the prevailing provision as supra are applicable.  Since you have total 03 legal heirs, the property will be partitioned 1/3rd each  among 03 heirs.

 

Nirali Nayak   19 June 2021

Hello sir, greetings of the day.
As per your query, you can rely on Hindu Succession (Amendement) Act, 2005. Since your father passed away intestate, so his property has devolved through succession equally on all his children, this will include daughters as well. Therefore any heir is at liberty to file a suit for partition to cull out his share in the property. If your father had ancestral property, the property inherited up to four generations of male lineage, then the right to a share in such a property accurse by birth itself. In this case you will have the share in your father’s share of property and you can claim it in court of law. But if your father had self acquired property then you have no legal right over that property. You can however claim a share in that property if you can prove your contribution in the acquisition of property. Partition Deed divides the property between the co-owners or the legal heirs of the property. This deed is prepared in order to divide the property such that each person gets an absolute title over his own part of the partitioned property. The partition deed is executed by the co-owners themselves. This is done by distributing the property according to the share each co-owner is entitled to. This does not mean that the property would be equally divided. The division is according to the law.
Hope this solved your query.
Regards
Nirali Nayak
Law Student

Uday Singha   20 June 2021

Hello Madam Singh,

Thanks for your reply.

My query is simple. Let me put it this way. Ram & Shyam are two brothers who own a plot of land in Kolkata.

The two brothers by mutual agreement have partitioned the land and obtained a court decree of the agreed partition. The partitioned land now has two parts - Plot A & Plot B.

Plot A belongs to Ram & plot B belongs to Shyam.

Shyam's wife has died. He has also died intestate. He has 3 children all alive.

How do Shyam's 3 children claim ownership of plot B which is in their father's ie. Shyam's name. 

Shyam's children want to claim ownership of the land ie Plot B jointly.

In ordert do so what is the process.

I am writing from Kolkata.

Thanks.

Dr J C Vashista (Lawyer)     20 June 2021

Repeated at https://www.lawyersclubindia.com/forum/inheritance-of-property-218221.asp

Better to avoid repetition, which shall not change opinion of experts but it is absurd and ridiculous.  

You have adequately been obliged by experts, if you are not satisfied it is better to consult a local prudent lawyer for professional advise and proceeding.

Thanks for closing this thread.

T. Kalaiselvan, Advocate (Advocate)     20 June 2021

The children of the deceased B, should submit an application to the jurisdictional revenue department to transfer the records from their father's name to their names jointly and they should attach the death certificate of the deceased, legal heirship certificate, certified copy of the court decree for partition.

The revenue department after verification would transfer the records to their names, subsequent to which they may transfer other records also to their names.

 


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