How to get share in inherited intestate property

Amresh Choudhry (Querist) 19 September 2020 This query is : Resolved
My mother is the only child of her late parents Nani Ji died in 1983 and Nana Ji died somewhere in 60's
My Nana were 4 brother so my mother is entitled for 1/4 th share how to go about demanding her share

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K Rajasekharan (Expert) 19 September 2020
The first course is to discuss the need for partition of the property with the legal heirs of the Nani so as to arrive at a conclusion as to each one’s share.

In case some settlement is arrived at, then divide the property as per the settlement with the help of a surveyor.

Then prepare a deed with the help of a document writer and register it in the registration office.

Then mutate the property with the revenue (proper) authority to pay the tax. Then the demarcated share of the property belongs to your mother individually.

In case there is no agreement as to the division, then approach an advocate and file a partition suit in the court. It may take some or many years to reach a conclusion, in case the parties are reluctant to arrive at an amicable settlement.

Dr J C Vashista (Expert) 20 September 2020
The query involves deeper issues therefore it is advisable to consult a local prudent lawyer for proper appreciation of facts/ documents, professional guidance and necessary proceeding.

Rajendra K Goyal (Expert) 20 September 2020
Your mother should demand partition of property.
If all agree, partition deed may be prepared and registered. Take help of some expert lawyer.
If all does not agree, send legal notice and file case for partition.

Amresh Choudhry (Querist) 20 September 2020
Legal notice I am getting sent through a lawyer but we don't have the complete property details.Kindly advise how and from where to get it.Have been able to fetch some of the property details from the government website.50% property is Khatiyani and 50% Kevala.Succession certificate would be required or Genealogy would do we don't have death certificate of Nani Ji and Nana Ji.On what grounds cousins of my mother may contest to deny giving share to my mother

J K Agrawal (Expert) 20 September 2020
No death certificate required however you can get it easily from government office. The detail of property can be obtained by personal efforts or you may take help of a local lawyer to dig out the municipal and revenue records. In case of agricultural land the rule of succession are differ stat to state.

adv. rajeev ( rajoo ) (Expert) 21 September 2020
Your mother will have to file a suit for partition and separate possession of her 1/4th share

Rajendra K Goyal (Expert) 21 September 2020
Details can be obtained from Revenue (Tehsildar / patwari) office). Take help of some lawyer.

Amresh Choudhry (Querist) 24 September 2020
Is there any time limitation for filing partition suit in Bihar, my Nani died in 1983 and till now we haven't asked for our share so in my opinion adverse situation hasn't raised yet.
Kindly advise

J K Agrawal (Expert) 25 September 2020
There is no limitation for seeking partition but you should draft the petition very carefully and engage a very prudent advocate otherwise you may trap yourself in limitation law or adverse possession theory.

Amresh Choudhry (Querist) 25 September 2020
@J K Agrawal Sir I have drafted a notice myself pls vet it I will pay for your charges.
Property is at Samastipur,Bihar and I am at Faridabad,Haryana tried to engage with lawyers but so far hasn't found any competent one.
Want to send notice on my own before I select prudent local lawyer after visiting Samstipur personally.If with notice the defendants agree to give our share well and good else would proceed with partition suit.
Kindly share your mail I'd with account details would pay for it.

Regd's
Amresh

Rajendra K Goyal (Expert) 25 September 2020
You should avoid sending notice yourself. There are no. of competent lawyers in Faridabad, have the services from them.

Case would have to be filed in the court in jurisdiction of which the property is situated (Samastipur in this case).

Advocate Bhartesh goyal (Expert) 25 September 2020
You have to demand partition and until and unless you don't demand cause of action to file partition suit will not arise .Issue legal notice to other co-sharer.

K Rajasekharan (Expert) 26 September 2020
The above one is a valid point normally disregarded by people.

Unless one co owner of the commonly owned property demands for partition and others decline to proceed with the demand, the cause of action for filing a partition suit doesn't arise.

To file a suit there should be a claim and denial of some legally sustainable rights. Unless there is denial there cannot be a dispute. Without a dispute one cannot approach a court.

Issues in a civil court are framed based on the nature and substance of the dispute.

Rajendra K Goyal (Expert) 26 September 2020
Good information by the expert K. Rajasekharan.