suit for partition tamilnadu
Querist :
Anonymous
(Querist) 14 December 2010
This query is : Resolved
Sir, my query is.
Daughter is a Petitioner and D1, D2 is brothers and D3 is daughter of D1 now the case is suit for partition, the property is in Tamilnadu, ancestral property and Hindu there is no question.
1. Father of Petitioner, D1, D2 and grandfather of D3 died on 9/4/1969 intestate, the property is derived from his grandfather and father.
2. Petitioner married in the year 1984
3. Unregistered Kur chit but there is witnesses (Partition or Family Arrangement) between D1 and D2 for entire property of father, mother is not a party in the kur chit, no signature of mother at all.
4. Mother died in 1999
5. D1 was settled his whole share of property to his only daughter(D3) on 27/4/2009
6. D3 made a sale agreement to third party ie. for agricultural land only on 20/5/2010.
7. Notice for partition served on 16/6/2010 by the petitioner through his advocate to D1.
8. D1 gave reply to the petitioner on 20/6/2010
9. D3 execute a sale deed to third party and registered on 2/12/2010 as per sale agreement dated 20/5/2010.
10. Now, the petitioner file suit for partition.
The question is.
A. Kur chit is valid or not?
B. Petitioner can get the partition or not?
C. Is third party (who is purchase D3’s portion of the property) affect? What relief she can get?
R.Ramachandran
(Expert) 14 December 2010
In the year 1984 the daughter is not a co-parcenar. As such, she is not entitled to a share in the ancestral property. The persons who are entitled to a share in the ancestral property are Father and two brothers.
Thus, when the father died in the year 1969 (by which time Hindu Succession Act, 1956 is in force), the ancestral property has to be first partitioned between the deceased father and his two sons in the ratio of 1/3rd each.
Both the sons would be entitled to 1/3rd share of the ancestral property in their right as co-parcenars.
Since the father, who got 1/3rd share in the partition of the ancestral property has died intestate (i.e. without leaving any will), his 1/3rd share will go by way of inheritance between his legal heirs i.e. his two sons, one daughter and his wife in equal share. That is his 1/3rd share in the ancestral property will go to each one of his legal heirs equally 1/3 and 1/4th.
Now that the mother of the petitioner has also died intestate (without leaving any will) her legal heirs i.e. her two sons and one daughter would get equal share i.e. 1/3 x 1/4 x 1/3
Ultimately the following will be the share that the each of the sons and daughter will get:
each son = 1/3rd + 1/4th of his father's 1/3rd share = 1/3rd from his mother/s 1/4th of 1/3rd share.
Daughter: 1/4th of his father's 1/3rd share = 1/3rd from his mother/s 1/4th of 1/3rd share.
