PKR (XYZ) 08 December 2011

Partition and after death benefits

Hi Experts

Person XXX has got an ancestral property of1 house, 8 acres dry land and 4 acres irrigation land.

He has 6 children 3 sons and 3 daughters (namely S1, S2, S3 & D1, D2, and D3).

Person XXX expired in the year 1996 and left above said properties.

All the 3 sons divided property in 1996-97 below format and registered partition deed without mentioning daughters and not given any share.

Partition took place in below format

S1- 8 acres Dry land

S2- 2 acres irrigation land

S3- 2 acres irrigation land

S1 has two wife w1 (first) & w2 (second- No legal documents exist)

First wife (w1) has 3 sons (M1, M2, M3) and second wife (W2) has one daughter (F1)

S1 has got expired in November 2011.

Query:

1. Who are the legal heirs of his after death benefits and property?

2. Second wife does not have any document prove whether she is married or not?

3. Who will get pension benefit and also in what percentage?

4. How the property will be divided among both the family?

5. Does person XXX sons and daughters has legal rights to file case seeking share in ancestral property of m1 as Daughters of XXX not included in partition deed in 1996-97?

6. does D1, D2, D3 daughter has any legal rights to file case seeking share in ancestral property of XXX now?

7. If they have any legal right then how the property will be divided and what would be the share of both the family of S1? XXX

S1 S2 S3 D1 D2 D3

W1 W2

M1, M2, M3 F1

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6 Replies

PKR (XYZ) 09 December 2011

Hi Experts

This is a hindu family.

I wonder there is no single query has been answered.

Please let me know if you require any more information.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 09 December 2011

hi PKR

As per Indian Succession Act, every women is having equal share in the property.

Hence, the Partition Deed executed among the S1 to S3 is not valid in the eye of law unless and until it is ratified or modied along with D1 to D3.

Assuming it is ratified by D1 to D3, then S1 will have valid title over the property he acquired through said Partition Deed.

in Such case, after the death of S1,

W1, M1 to 3 and F1 will have equal shares in the property left by S1.

even for family Pension, W2 is not eligible for getting Pension, however, F1 is entitled to have one share in the family pension given in the name of her father till she gets married.

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PKR (XYZ) 09 December 2011

Hi Narasimha

Thanks for the information.

Could you please tell me how to check whether partition deed is ratified by D1 to D3?

The S1-S3 signatures alone exists in partition deed but D1 to D3 neither signature exists nor their name mentioned.

F1 is already married, does she still have a right to take share in pension,after death claims and also in ancestral property?

Advocate Vishnu (Advocate) 09 December 2011

PKR,

If D1 -D3 have not executed any relinquishment deed in favour of their brothers , then the whole parititon agreement is not binding in law.

PKR (XYZ) 09 December 2011

Hi Vish

Thanks for the reply.

What if the D1-D3 have orally agreed to this partition?

Does either of D1-D3 can file case seeking share in the property now?

Does law says to give a their share of property?

Advocate Vishnu (Advocate) 09 December 2011

PKR,

Oral partition is a valid partition unless not challenged by D1-D3. However it is very difficult to prove if any dispute arises. The only factor that will be considered is whether a mention of such oral partition was mentioned in the partition deed between the brothers and how the members of the family have conducted themselves over the years after the partition betweem the brothers.

Partition and after death benefits

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