NIRMALA DEVI.C (Advocate) 22 February 2018

Family property matter

The parents died intestate. The family and legal certificate was taken by the Sons and daughters. When they want to distribute the property in equal ratio, the son who is staying local creating a problem and shouting his siblings that they don't have the right to get property. I request the Hon'ble advocates kindly to clarify whether we can file a petition in a Civil or High Court to appoint a Commissioner to distribute the property equally among the Sons and Daughters. Pl tell me the procedure and which section can we file. Thank you. Nirmala

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 February 2018

As the parents died intestate, all the legal heirs of your parents have equal rights over the property. you can file a case for partition of properties in a Civil Court where the property is situated with the legal heir certificate. consult an able local advocate who is versatile in civil/property matters.

R.Ramachandran (Advocate) 23 February 2018

I completely agree with the advice of Mr. kavksatyanarayana

P. Venu (Advocate) 23 February 2018

Yes, as the parents have died intestate, the property is jointly vested with the siblings; none of them can claim exclusive rights or interests therein.

In the given scenerio, the only option is to file a suit for partition. However, it is not possible to seek the appointment of court commissioner straight away. First of all, after completion of pleading by the parties and adducing evidence and hearing them, the court will issue a preliminary decree deciding the rights of the parties. Subsequently, a final decree needs to obtained. It is at this stage that the Commissioner's appointment could be sought. It is possible that the matter could be settled much earlier through mediation.

Rule 54 of the CPC read with relevant provisions of Order XX could be of guidance in this context.

NIRMALA DEVI.C (Advocate) 27 February 2018

Respected Sirs,

Thank you all for giving me suggestion. Home remedy doesn't work for the family. Even though I told the family members the same thing that every member of the family gets the same ratio and right, they are unable to listen to what I say. I don't want to take risk on this issue. So I am seeking advice of the Learned Counsels like you all for further process.

Thank you all for your valuable advice and guidance given to me.

I am very happy to listen to you all.

Thank you once again.

Regards,

Nirmala