Distribution of paternal property.
RAGHVENDRA MOHAN
(Querist) 17 March 2014
This query is : Resolved
Sir, My father has three sons and four daughters.After his death all his three sons has distributed the total landed property among them on a stamp paper of Rs.100/-.There were some other terms and conditions were also made in that agreement i.e. if any other property will be found (other than the distributed property),that will be distributed among all three. Some landed property were found but the youngest one has sold the same without the consent of other two brothers and not distributed the property nor distributed the amount he got after selling out the same .I want to know in this situation whether the agreement is still valid or not.As because the terms and conditions has not been followed .Please also let me know the validity of this agreement in law.Thanking you.Raghvendra Mohan
Advocate M.Bhadra
(Expert) 17 March 2014
This agreement is void,the property will be partitioned equally.
Section 10 in The Hindu Succession Act, 1956
Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share. Rule 4.- The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre- decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Rajendra K Goyal
(Expert) 17 March 2014
In absence of any will, the distribution of property on stamp paper by male members and not giving any portion to daughters and widow, is illegal.
