VIJAY KUMAR (Under Secretarym(Retired)) 18 January 2017

Property leased against claims on paetition

This is in reference to the Supreme Court recent ruling in Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. In this connection I would like to consult yourself on my personal case for distribution/settlement of ancestral property in Delhi. This is a lease hold property allotted in my father's name by the erstwhile Rehabilitation Department of the (presently) Ministry of Urban Development (L&DO) in lieu of the claims approved by Govt. of India against properties left behind in West Pakistan on partition of the country. I want to consult your goodself in the matter for some legal opinion which is somewhat relevant to the decision of Apex Court in the above stated judgement. My father died on 8th Feb.,1985 and my mother also died in June, 2000. The property is yet to be distributed among four brothers (2 married in 1979 and 1986) and sisters ( 2 married in 1976 and 1987). My query is (a) Whether this property is to considered as self acquired or ancestral as it was allotted against the clams granted for parental property left behind in Pakistan on partition ? and now (b) How (in what proportion) the property should be or will be divided in this case. My elder brother 73 is living away and settled elsewhere outside Delhi from the year 1974 onwards and presently I am in sole possession of the property after the death of Mother in 2000 who was living with me till death? I have to documentary proofs to show that property was allotted out of the claims granted for property left behind which was got duly verified by Rehablitation Department through actual correspondence with Pakistan Govt. after partition. Please guide. Thanks

vijay kumar M-09899545882.

Read more at: https://www.lawyersclubindia.com/forum/Distribution-of-ancestral-property-135836.asp

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4 Replies

Kishor Mehta (CEO) 18 January 2017

Sir,

The lease rights of property were allotted to your father for 99 years, and these were inherited by his legal heirs, in equal proportions, on his demise. The brothers and sisters have equal rights of inheritance.

Good Luck,

Kishor Mehta

P. Venu (Advocate) 18 January 2017

Lease of 99 years need not necessarily be lease in terms of TP Act, but a grant with conditions to be fulfilled before the lesee attains occupancy rights. Everything depends upon the terms and conditions of the original allotment.

VIJAY KUMAR (Under Secretarym(Retired)) 19 January 2017

Thanks for responding Venu ji

But my specific queries have remained unanswered. Let me re-write and recast queries with respect to the details of the property already given and the document i.e. original copy of the original lease deed attached therewith;

(a) Whether this property is to considered as self acquired or ancestral as it was allotted against the clams granted for parental property left behind in Pakistan on partition? and now

(b) How (in what proportion) the property should be or will be divided in this case.

In order to answers the above queries it has to be examined as to in what way the Hindu Succession Act 1956 or the Amendment 2005 would be applicable in this case. We would have to adduce the reasons for the same even if it is concluded that the HSA Act 1956 or the Amendment 2005 does not apply here.

Further the (a) above is to be answered based on the basis/facts/background on which this lease hold property was allotted. Once the (a) is decided or concluded then (b) is to be determined as per the provisions contained in the HAS Act 1956 or 2005.

May therefore like to see again please. Thanks.

Vijay Kumar