Ancestral property distribution
Muskaan
(Querist) 25 January 2018
This query is : Resolved
My father was two brothers . The property was made jointly by my father and my elder uncle . As it was a joint family and my uncle was elder one in the family hence the above property was made/ purchased on my Aunt’s name late . My elder uncle and my aunt died issue less (without having their own children).
We are also two brother myself and my younger brother. As I was in Railway service at Mumbai, my family (wife and children) was there to look after my old uncle-aunt and my father-mother. My children were schooling there at Patna City only.
After the death of my uncle aunt and my father mother, I brought my family to Mumbai for further education. My brother Santosh Kumar Sinha still lives there only at Patna City with his family (wife and children).
Now my brotther intends to sell the property without equal partition (He is selling two katha and leaves only one katha for me, which is a act of injustice and fraudulent).
In support of i that I have taken help from court and filed a Partition Suit and also imposed Injunction on 10 Jan 2018 on said property and requested court to do partition among us.
My advocated assured me that the notice has already been sent to him from court But as I confirmed form sources
notice has not yet delivered to him.
Now as per the information he has made deed to sell all property and about to do the registry the same in couple of week.
Please suggest what I should do now,
Also suggest if he do registry then will it be valid. What necessary action I should take on it,
Vijay Raj Mahajan
(Expert) 26 January 2018
The suit is sub-judice in the court and injunction order against the sale of the property made, in such case get certified copy of the court order and along with it move application in the Tehsil/District Office not to carry forward the registry of the sale deed with regard to the property. The Sub-registrar will not register the sale deed and wait for the next order of the court.
SHIRISH PAWAR, 7738990900
(Expert) 26 January 2018
If your brother is registering the property ignoring pendency of suit and injunction order then it is illegal transfer. You can intimate about the order to in village office / govt. land record office.
Sri Vijayan.A
(Expert) 26 January 2018
Intimate to Sub Registrar about the order of the Court.
Ask your lawyer to intimate enclosing the order. Then the Sub Registrar will not register it.
Kumar Doab
(Expert) 26 January 2018
It is believed that you are all Hindu.
Have you checked that the said property is indeed ancestral?
Has your own LOCAL lawyer examined the property related docs and inputs and ascertained/confirmed that nature of said property is indeed ancestral?
Have you checked from court in person that the said notice has been sent?
If yes, and if IT is dispatched by Redg. Post then you can track from Indiapost website, if you wish.
And you have NO reason to disagree with your lawyer who has informed you that notice has been sent.
Confirm!
The provisions of personal law that applies in your case do matter.
Kumar Doab
(Expert) 26 January 2018
Obtain mutation record with all link docs from the O/o authority under whose jurisdiction property falls say; MC and check if any document say; legal heir certificate …….are submitted, and in mutations per inheritance the name of brother is added… .......
By addition of name in mutations record the person may claim having attained rights equal to that of owner and act like owner to dispose the property....and may also attempt to substantiate with legal heir certificate......
A person does not become owner by hearsay, gossip, rumor...
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
If your Uncle died after his wife (your aunt) and his mother was alive then his mother would also get a share since your uncle (and Aunt) had NO son and daughter at the time of his death…
Kumar Doab
(Expert) 26 January 2018
The process and procedure to get share updated in mutation records is simple.
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. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
If the said brother has submitted any document say; Legal Heir Certificate (forged/by fraudulent act etc then HE is liable for IT)…
Kumar Doab
(Expert) 26 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case ClassI legal heirs are not present Class II come in picture…
Your query does not mention who died 1st you Uncle or your Aunt!
The father of late Uncle was alive as on his death?
Your father ( brother of Late uncle) was alive as on his death?
ClassII relatives;
Father……{If alive being I Category1 may become sole legal heir)
Brother, Sister ( If Father was not alive may get equal share being in Category II).
Brother’s son, Brother’s daughter, Sister’s son, Sister’s daughter ( They may get share relatives in Category I,II were not available, being in Category IV)
Then Father’s father, Father’s mother are in Category V…
Father’s widow, [Step mother], Brother’s widow…are in Category VI
Father’s brother, Father’s sister are in Category VII….
Mother’s father, Mother’s mother; Category VIII
Mother’s brother, Mother’s sister; Category IX
You can determine the share of each legal heir accordingly and gets vested in whom!
Did you get any legal heir certificate of late Aunt and Late Uncle?
Kumar Doab
(Expert) 26 January 2018
The contentious issue of funds invested in property (whose Title was held in the name of Late Aunt) if pleaded in the court is to be decided by the court.
The decision of the issue and eligible legal heirs shall determine the share…..
During the matter is being contested in court and sale is not allowed IT is one of the possibilities that litigating parties may agree to settle amicably…………..
It is upto the parties ….
You may act upon above advises and even visit jurisdiction O/o Tehsildar and submit he certified copy under proper acknowledgment also.
If you wish you may appraise the intended buyer as well, about court proceedings and injunction.
Dr J C Vashista
(Expert) 27 January 2018
If you do not have faith in your lawyer you must change immediately.
In case your brother intends or actually sells the undivided property, (where you have no control) the sale deed can subsequently be cancelled.
Meanwhile obtain an injunction (from same court where the case is being adjudicated) restraining your brother from creating third party interest in the suit property.
