Hi I am Krishna we have a civil case in supreme court for 10 years which is about to be divided this year.
My question is how will the supreme court of india divide 3 property to 5 legal heirs and how can we sell it to other buyers.
Krishna (Self employed) 04 February 2025
Hi I am Krishna we have a civil case in supreme court for 10 years which is about to be divided this year.
My question is how will the supreme court of india divide 3 property to 5 legal heirs and how can we sell it to other buyers.
T. Kalaiselvan, Advocate (Advocate) 04 February 2025
If it is an appeal before supreme court then you may have to wait for the judgment in the appeal.
The information provided by you are insufficint to render any opinion to your query except to say that the judgment by supreme court which is pending for 10 years cannot be predicted.
Vishesh K Sapra (Advocate Delhi High Court and Supreme Court) 04 February 2025
Hello,
As a Hindu, the division of property among legal heirs follows the Hindu Succession Act, 1956. Since there are three properties and five legal heirs, the Supreme Court will determine the division based on the nature of the properties and the rights of each heir.
If the properties are ancestral, each heir is entitled to an equal undivided share, and the Supreme Court may direct partition by metes and bounds, meaning a physical division of the properties. If the properties are self-acquired by the deceased owner and no will exists, the legal heirs (Class I successors such as sons, daughters, spouse, and mother) will receive an equal share as per Section 8 of the Hindu Succession Act.
If the properties cannot be physically divided, the court may order a sale and distribute the proceeds among the five heirs. If all heirs agree, they can sell the properties jointly. If any heir refuses, the others can file a partition suit seeking sale through the court under Order 20 Rule 18 of the CPC.
For selling the properties, the heirs must obtain a legal heir certificate, ensure the property title is clear, and execute a partition deed or sale deed. If any legal heir refuses to cooperate, others can approach the court to enforce the sale.
To discuss further, reach me out at adv.vishesh@icloud.com.
P. Venu (Advocate) 04 February 2025
The facts, as posted, are misconceived. It is the civil court which decide a partition suit. A decree and judgment of the the civil suit reaches the Supreme Court, in an appeal, only in excptional cases, that too, when there are substantial questions of law.
If you have any real issue, please post complete facts than posing riddles.
Krishna (Self employed) 05 February 2025
Thank you all for the reply.
Special thanks to Advocate Vinesh Kumar for clearing my query as I have understood how the supreme court may divide the property and i will take measures accordingly.