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Deepak Thakkar   22 April 2018

sharing of property

Property is in my father's name with 5 others co owners, like my four uncles and my grandmother. Now only my one uncle is alive, others are expired. How to devide this property now?
Property i assume originally belongs my Great Grandfather, then my Grandfather he was the only son of Great Grandfather. Today's Property Record says there are six co-owner.
Please guide me this topic


 3 Replies

Kumar Doab (FIN)     22 April 2018

Which personal law applies in your case?

Or are you all Hindu?

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

Have the deceased i.e. your great grandfather, grandfather, father, mother, and your uncles left any valid WILL?

Is IT self earned/acquired in the hands of your great grandfather?

How did it devolve upon 6 Co-owners as on date (as per your query) say; by inheritance, registered partition deed, Gift, registered family settlement deed etc?

Apparently you father’s name also is amongst Co sharers as per your post!

As per your post there are no daughter/married daughters from both the families!

The property is in which state?

Who are the legal heirs left by your deceased uncles as on date of their death e.g; Mother, wife, sons, daughters…?

Confirm!

Kumar Doab (FIN)     22 April 2018

 

In case of deceased Hindu man dying without disposing her estate/property in his life time by a valid/registered deed; ClassI legal heirs have 1st right for equal share i.e. Mother (if alive as on date of his death), wife (if alive as on date of his death), sons, daughters…………………pre-deceased sons and 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 and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………

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.

 

Thereafter obtain copy of updated mutation records.

Kumar Doab (FIN)     22 April 2018

 

If updation in mutation records from beginning of time with your great grandfather and upto as on date when 6 Co-sharers exist …………..is correct then the:

Uncle that is alive and legal heirs of  5 deceased can share equally with boundaries by amicable partition deed and register IT Or by registered family settlement deed with boundaries and register IT

 

And if amicable settlement is not possible, then approach court for partition by boundaries…

IT shall be appropriate to obtain considered opinion of your own very able LOCAL  senior counsel of unshakable repute and integrity specializing in Civil matters and well versed with LOCAL rules/laws and having successful track record….and worth his/her salt …after showing all docs on record and giving inputs in person!

 

 


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