Sita Vallabhav (service) 14 October 2014
prakash chandra jain (proprietor.) 14 October 2014
adarniya sita ji. you have told the story of three brothers and their property. in short, i must say that the character of this property even today is joint one due to certain incidents in family. it is a coparcenary or copartnership or ancestral or become undivided one. the legal heirs to all three deceased brothers are holding it jointly.each of them has right into it. their rights are floating upon entire property. they should enjoy it jointly, use its income jointly and can not do any act regarding it separately.prakash chandra jain advocate indore no-09826779759.
T. Kalaiselvan, Advocate (Advocate) 18 October 2014
The simple and short answer to your query is that the property jointly enjoyed by Atul and his deceased brother until his brother died (unmarried-issueless), was still in the sole possession of Atul. However, Atul is entitled to only half share in the property as per the partition, hence Atul was holding the property of the deceased on behalf of the legal heirs of the deceased as well. Therefore it is the duty of the Atul to divide and disburse the income derived from the share of the property that belonged to his deceased brother, to all his legal heirs. Now Kapil being one of the brother of the deceased brother Balu, he can very well claim a right to a share in the deceased Balu's share of the property from Atul and this clearly indicates that both Atul and Kapil as class II legal heirs of deceased Balu, are entitled to inherit deceased Balu's share of property equally. Hence, Kapil's heirs claim for share in the property of the past as well as present and also a share in the property itself is justified and legal. Kapil's heirs can file a partition suit against Atul's heirs enjoying the entire property.
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