Partition of fathers property among male and female children after his death in kerala
sudanabcde
(Querist) 23 March 2014
This query is : Resolved
Fathers' acquired land property, father died in 1961, mother gained right to two properties (17 cents and 57 cents of land) (succeeded) through a succession certificate through a court decree in 1962, mother does a family partition in 1972, where the only son is given 50% of share and the remaining 50% is equally divided among mother + four female children, all children expect the youngest female child are majors at the time of partition.
Based on the partition, the son gets the 17 cents + 20 cents of the larger property. the entire large property (57 cents) was sold and the sale proceeds shared in the proportion of their share in that piece.
Son has not sold his 17 dents property, do the female children have claim over this 17 cents property now that the property values have gone up? Son has got property documents transferred in his name during 1980s and paying taxes and managing it.
The family is palghat Iyer in kerala
pl help bring clarity or suggest appropriate readings to study on this
R.V.RAO
(Expert) 24 March 2014
In case of ancestral property,under the hindu succession amendment act 2005,the female legal heirs are entitled to an equal share in the property along with the male legal heirs, without any discrimination.
In the query stated by you, the property is self acquired property of your father.
you have not stated how the property was transferred in your mother name by your father.
if your father made any transfer /gift /settlement of property in your mother name or made a will to make her as absolute owner of property,after he passed away,then your mother is the legal owner of property
she can transfer/gift/dispose/make a will for the property as she likes. no body else has any claim/right over the same.
but if your father passed away without making any will for his property,then it is intestate.in this case all your father's class 1 legal heirs ie your mother,your brothers,your sisters,your father's mother if alive are all entitled to one share each in the property.
if any class 1 legal heirs are predeceased,then their legal heirs claim that share.
Rajendra K Goyal
(Expert) 24 March 2014
contents of succession certificate and court decree of 1962, and other documents need to be seen for any advise in the matter.
sudanabcde
(Querist) 24 March 2014
Thank you all. Father died in 1961 without a will and mother became the property owner (successor) through a court decree in 1962 and the partition took place in 1972 hence the applicable act should be the 1956 partition act + any local act in Kerala prior to the partition in this matter?
Rajendra K Goyal
(Expert) 24 March 2014
Consult a local lawyer and show him all the documents.
R.V.RAO
(Expert) 24 March 2014
thanks.sri jagga rao garu.
sudanabcde
(Querist) 25 March 2014
let me clarify after looking at the document. It is not a partition made by the mother but a partition agreement collectively signed by the male member, the mother and four females of which one was a minor for whom the mother had signed on 17th feb 1976. There is no mention of the properties in the succession certificate, which deals with only bank deposits of the deceased father. This deed of partition was done through an advocate and registered, based on which, the tehsildar / village panchayat office has transferred the property in the name of the male during the seventies
T. Kalaiselvan, Advocate 
(Expert) 25 March 2014
So you have confused the experts here by giving misleading information while seeking legal advise to your problem (?)by unnecessarily bringing the court succession certificate into the picture also by wrongly mentioning the family settlement as partition deed however the same was made as registered partition deed later on. That is why the experts firmly state that without seeing the papers they cannot form any opinion on any subject. If the above information is to be taken for granted as fact, then the son has acquired17 cents besides 20 cents from the other property as his legitimate share and the same was mentioned in the partition deed (?), if yes, the sisters of the son who have already been given with their shares in the property, cannot claim any share of property from the son's share now.
sudanabcde
(Querist) 25 March 2014
Thank you Mr. Kalaiselvan. You have jumped into using strong words misleading.. as if this is an argument in a court which is not needed. I am not a legal expert who knows the legal nuances between partition, settlement ..., which is the reason for my seeking advice to experts. I agree with you that without seeing the relevant and related papers, understanding the full context, no lawyer can give a conclusive view.
You are right in stating that the son got 17+20 cents, of which the 20 cents was part of the 55 cents land, the remaining 35 cents being distributed among the sisters, the entire 55 cents was sold and everyone got their share of that. Now that the 17 cents given to the son is not sold and the sisters are eyeing a share of that
From your post I understand that what has happened in my case is a family settlement (all parties have entered into an agreement as everyone has signed on the deed, not a will by the mother, on how the property is to be split)and not a partition, in which case the partition act etc are irrelevant. pl correct me if I am wrong. Thank you once again for your hitting the nail on the head
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
@Mr. Sudan, you should first make yourself clear as what you wanted to clarify and what is the information to be furnished to the person from whom you seek clarification. In this portal you were seeking opinions/suggestions from legal experts/advocates, but without narrating the correct information how do you expect anyone to give a proper opinion to your query?, Your information at the first stage was misleading hence you were not getting proper response or proper opinion/advise/suggestion, however instead of being offended by the word, you should understand the meaning behind it. This is a place where we render our services at free of cost for the benefit of needy and distressed, by sparing our valuable time, so we cannot allow anyone to take us for granted by mentioning anything against us.Your query has been addressed.
R.V.RAO
(Expert) 25 March 2014
well advised by sri kalaiselvan ji.
sudanabcde
(Querist) 26 March 2014
Thank you. Looks like the distressed will have to engage a lawyer to ask a query to the forum.
