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Vivek patil   20 December 2024

Hindu succession

I AM REQUESTING THE ANSWER TO MY QUERRY REGARDING IMMOVABLE PROPERTY LOCATED IN MUMBAI .MY GRANDFATHER DISTRIBUTED HIS VARIOUS IMMOVABLE PROPERTIES SITUATED IN MUMBAI TO HIS SONS BY REGISTERED PARTITION DEED MADE IN NOVEMBER 1955 .ALSO MY FATHER WAS ONE OF THE SONS SO ONE PROPERTY CAME TO HIS SHARE BUT ALONG WITH MY FATHER MY GRANDFATHER INCLUDED MY NAME AS MINOR SON THEN .UNFORTUNATELY MY FATHER DIED IN 1984 INTESTATE.I NOTICED IN GOVERMENT LAND RECORDS MY NAME IS THERE AS A JOINT HOLDER.AS PER SUPREME COURT RECENT RULING IF PROPERTY DEVOLVED BY PARTITION DEED ITCONSIDERS AS A SELF EARNED PROPERTY. WE ARE TWO BROTHERS AND TWO SISTERS .WE ARE HINDU. AFTER MY FATHERS DEATH I USED TO MANAGE THE SAME TENANTED PROPERTY .BUT WE HAVE DECIDED TO SELL THE SAME PROPERTY WANT TO KNOW WHATS THE PERCENTAGE WE SIBLINGS GET AS PER THE LAW.

 



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 December 2024

Since you are a joint owner, your share is separate and will be enjoyed by you alone and at sale you will be entitled to the sale consideration amount in respect of your share in the property besides you will be entitled to a share out of your deceased father's share at par with other legal heirs.

kavksatyanarayana (subregistrar/supdt.(retired))     20 December 2024

For your father's share, you and your siblings and mother if she is alive have equal shares in the property excluding your share.  So your share + a share of your father's share is your share.


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