Ancestoral property of christian family
essycherianantony
(Querist) 12 August 2015
This query is : Resolved
We belong to christian community. My father was one of 6 children- they were 5 brothers and one sister. None of them are alive now. In 1969, when all of them were alive (their parents were deceased then) they executed a partition deed. The sister was already married then, and it is recorded in the partition deed that she was married off and her dues are settled . However, the deed is not signed by her, but only by the 5 brothers. Later, she had executed release deed for two of the brothers, based on their request. Neither she nor her children have raised any claim on the property belonging to my father nor any of her brothers. Do her children have any claim on the property in view of the fact that : a) teh partition deed is 44 years old and b) she has executed release deed for two portions of the property.
P. Venu
(Expert) 13 August 2015
Is your father's sister alive now?
SAINATH DEVALLA
(Expert) 14 August 2015
The law of limitation applies today.Any of the successors or legal heirs (class 1 or class2) have to contest or claim within a period of 12 yrs from the date of the deed.
Every law of succession defines the rules of distribution of property in case a person dies without making a will. The Christian Law of Succession is governed by the provisions in the Indian Succession Act, 1925. However, with respect to Indian Christians, the diversity in inheritance laws is greatly intensified by making domicile a criterion for determining the application of laws. Till January 1986, Christians in the State of Kerala were governed by two different Acts - those domiciled in Cochin were subject to the application of the Cochin Christian Succession Act, 1921, while the Travancore Christians were governed by the Travancore Christian Succession Act, 1916. These two Acts have now been repealed and the Christians following these laws earlier are now governed by the general scheme of inheritance under the Indian Succession Act, 1925. However, Protestant and Tamil Christians, for example, living in certain taluks, are still governed by their respective customary laws. Christians in the State of Goa and the Union Territories of Daman and Diu are governed by the Portuguese Civil Code, 1867, while those in Pondicherry could be governed by the French Civil Code, 1804 (such Christians are known as “Renocants”), customary Hindu law, or the Indian Succession Act.
essycherianantony
(Querist) 18 August 2015
Thank you.
No. my father`s sister is not alive now.
T. Kalaiselvan, Advocate
(Expert) 22 August 2015
The unregistered partition deed is deemed to be partition in line with the recognition of oral partition, hence after 44 years of partition and also since she has already executed a release deed and she is no more now, her heirs cannot claim any share at this belated stage where even the law of adverse possession is also operative.
