Partition of property after father's dealth
K Sankaran
(Querist) 01 January 2014
This query is : Resolved
My father has died a month back. I have two younger brothers and two younger sisters. The sons (three) are married. My First sister married to an advocate. The same advocate also married the second sister, without divorcing the first wife. After my fathers' death, now the second sister has applied for partition. My father and grand father had registered some property in our individual name before December 2004. Please let me know what extent the property can be partitioned. Whether the property registered in our name will be included for the purpose of partition. Please note that my mother is alive.
I look forward to receive your expert opinion.
K Sanakran
Nadeem Qureshi
(Expert) 01 January 2014
Dear Querist
Property is ancestral of your father's or his self acquired property, any will had executed or not?
Rajendra K Goyal
(Expert) 01 January 2014
Ancestral property is to be partitioned and property in your individual name will not be partitioned.
K Sankaran
(Querist) 01 January 2014
Dear Mr.Nadeem,
The 75 % of the property is from my grand father and the balance is the selfacquired property of my father. As regards the WILL ,there is no will executed by my father. But my mother , who is sick now executed a WILL 10 days back to his brother, claiming 1/4 th of the expected share to be given to him , for medical expenses,after her death.
K Sankaran
(Querist) 01 January 2014
Dear Mr.Nadeem & Mr.Rajendra K Goyal,
Thanks for your immediate expert opinions.
K Sankaran
K Sankaran
(Querist) 02 January 2014
Dear Mr. Nadeem,
The 75 % of the property is from my grand father and the balance is the selfacquired property of my father. As regards the WILL ,there is no will executed by my father. But my mother , who is sick now executed a WILL 10 days back to his brother, claiming 1/4 th of the expected share to be given to him , for medical expenses,after her death.
Please let me have your opinion, for the above.
K Sankaran
+919841974480
ajay sethi
(Expert) 02 January 2014
was it self acquired property of your grandfather? how did your father and grandfather register property in your name?
as far as self acquired property of your father is concerned if your father had executed gift deed in your favour you are absoloute owner of said property
K Sankaran
(Querist) 02 January 2014
Dear Mr.Ajay,
My grand father earned the property by himself and there were ancestral property before him. My father, the only son to my grand father, has earned from the income of the property of my grand father and hence his share. After my grandfather's dealth, all his property's are transferred to my father.
Now as per the computer patta, all properties are in my father's name, who died a month back, without doing the partition.Besides the above, 2 acres of each were registered, during the purchase itself to me and to my two brothers.
Such being the situation ,what is the legal partition ?
Please give your expert opinion.
K Sankaran
K Sankaran
(Querist) 02 January 2014
Please read as "there were NO ancestral property before him"
Regret inconvenience.
K Sankaran
K Sankaran
(Querist) 02 January 2014
Please read as "there were NO ancestral property before him"
Regret inconvenience.
K Sankaran
T. Kalaiselvan, Advocate
(Expert) 02 January 2014
@ K Sankaran: The properties purchased by your father on you and your brothers names will remain as your(all of you brothers)exclusive properties. The two acres of land can be partitioned among you brothers to have individual share of the said properties registered on your names accordingly. The other properties inherited by your father through your grandfather will be your father's exclusive properties and upon his intestate death, all his legal heirs,i.e., your mother, you three brothers and two sisters are all entitled to an equal share in the said properties. There is nothing wrong in your mother bequeathing her share of property to who ever she desires to. The remaining intestate properties of your father can be divided into six equal shares and each heir is eligible for one such share.
K Sankaran
(Querist) 02 January 2014
Dear Mr.Kalaiselvan,
You have thrown more light on the subject. Thanks
K Sankaran
(Querist) 25 January 2015
Dear Experts,
Ater a year now , i write to you all to get your opinions in my case. I hereby update the status.
Status
I have filed the written statement . One of my brothers (younger to me) also filed written statement . My another brother ( (youngest)became ex-party , My mother and my sister( younger) also became ex- party.My another siater was the one filed the partion , asking 1/6 share,has filed partion suit.
A month back , my mother has died. She has written a WILL (registerd) on 16 th april 2014, stating that her 1/6 th share may be given to her grand sons fifty -fifty( to the son of her youngest son who bacame ex-party and the son of the first daugher , who came -ex-pary.
My query is ,
After my mothers death, will the partion became 1/5 th 0r remain as 1/6 th.Will the registerd WILL will have , what type of implication on this case?
Please give inputs and suggestions so that I move forward accorgingly , after due consideration
K Sankaran
(Querist) 25 January 2015
Please give inputs and suggestions so that I move forward accordingly , after due consideration
K Sankaran
(Querist) 26 January 2015
Pl suggest me to go further
Guest
(Expert) 26 January 2015
The Partition Suit would be For the 6 share holders only.Since your mother the 1/6th share holder had expired her Legal heirs in whose favour she had written the will should probate the will and be replaced in her place completing the Legal Procedures and Formalities. Consult your Advocate.
prabhakar singh
(Expert) 26 January 2015
The plaintiff is under duty to substitute LRs of your deceased mother failing which her suit shall stand abated .
K Sankaran
(Querist) 26 January 2015
Dear Mr.N.J.S.Rajkumar,
My advocate says, when she herself did not have any property, her WILL written in favour of two gransons will become invalid. If valid,the other grand children ( sons and daughters of her other two sons & one daughter)will also be entitled and partioned that 1/6 th to all grand children
K Sankaran
(Querist) 26 January 2015
Dear Mr.Prabhakar singh, Please give me details about substituting LRs
K Sankaran
(Querist) 26 January 2015
Sirs,
What is the meaning of substituting the LRs ?
prabhakar singh
(Expert) 26 January 2015
You are advised to read ORDER XXII : DEATH, MARRIAGE AND INSOLVENCY OF PARTIES,of the Code of Civil Procedure 1908 -
K Sankaran
(Querist) 26 January 2015
Sir,,
Thanks .
I will go through that and I will revert, if any clarification required
prabhakar singh
(Expert) 26 January 2015
SURE!
The sorry affair is that i am not regular here due to ill health i am enjoying.
K Sankaran
(Querist) 26 January 2015
Sir,
May the ALMIGHTY bless you to have a good health and happiness. I prey for it
K Sankaran
(Querist) 27 January 2015
I have read and I have understood a bit because of the legal words
K Sankaran
(Querist) 27 January 2015
I have read and I have understood a bit because of the legal words
K Sankaran
(Querist) 16 April 2015
Sir, after filing statements by me and by my brother, the case has not moved forward. In the mean time, my sister who filed the partition suit is not allowing us (brothers ) to collect rental from the shops of my father. We want to maintain the shops and do the repair work. Money collected had been deposited in a seperate account. WE are creating boundaries for the land properties .She is also not allowing us to lease out the lands. What should we do Now ?
