Pattayam & partition deed (kerala)
Kartha Keralam
(Querist) 06 April 2015
This query is : Resolved
Learned professionals,
Query regarding a partitioned property by registered deed of 1957.
Partition done between sons A, B, C & D
Share of property for two sons A & B are kept as joint in registered partitioned deed 1957. Son B died unmarried in 1967. "Pattayam" issued by land tribunal of Kerala Govt in 1977, for this property, in the name of Son A. Till now this property is enjoyed by legal heirs of son A.
Has other sons C & D and their legal heirs any claim in the share of deceased son B?
Please enlighten me sirs...
Dr J C Vashista
(Expert) 08 April 2015
Consult a local lawyer with relevant documents and complete information.
T. Kalaiselvan, Advocate
(Expert) 10 April 2015
If unmarried B died intestate, his share in the joint holding with A will devolve upon his class I legal heirs, if nobody is available then the class II legal heirs can inherit the same. Thus, if A or B or C available, they are entitled to that share and not their legal heirs.
Kartha Keralam
(Querist) 11 April 2015
Dear Sri kalaiselvan sir,
Thanks very much for the kind reply sir,
B (unmarried) died in 1967.
All other ( A, B & C) also not alive now. But their wives and children alive.
Sir, My humble doubt is that Pattayam was issued in the Sole name of A by land tribunal in 1977.
So, has the class II legal heirs of B, will have a claim on it?
Thanks in advance Sir,
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
Pattayam alone cannot decide about the title to the properties. The succession as per law will follow suit.
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
Pattayam alone cannot decide about the title to the properties. The succession as per law will follow suit.
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
The pattayam has been issued in favor of A by the Land Tribunal of Kerala Govt should be on some basis (?), do you know that or do you have the papers related to that decision made in the year 1977. Since the property was partitioned favoring both A and B jointly and duly registered accordingly, it can be presumed that since B died unmarried, A used his influence to transfer the entire on his name by making pattayam on his name in the year 1977, if it is not so, you may verify that on what basis the other legal heirs of B were excluded while the revenue records were transferred in favor of A then. Legally the class II legal heirs of B are entitled to a share as successors in right,but since there are no class I legal heirs available and also the property is in possession and enjoyment of heirs of A since beginning i.e., atleast after the death of B, the title can be perfected by adverse possession too.
Consult a local lawyer with all the relevant and related documents/papers for second opinion too.
You have repeated the same query many times, including PMs, hope the above reply given already in the forum section repeated here again would satisfy your curiosity.
Kartha Keralam
(Querist) 11 April 2015
Respected Expert, Advocate Sri T. Kalaiselvan Sir,
Thank U very much for the reply sir,
