Karthik (private) 19 May 2009

Need Help on Succession of Property

Hi,

I am looking for some advice on the succession act. My father in law passed away recently. He has not left any will for the property. he has a son and a daughter. Now in case of the partition,as per the law, i was told both kids will get equal share of the property. But to ensure the property is not taken by one person, what is the procedure to be taken? if one person is tying to sell the property or rent out the property, what is the procedure that the second person can take i this case?

Reply Follow

4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 19 May 2009

Dear Karthik,

The son and daughter and if mother is alive all will get 1/3 rd share equally, if mother is not alive then son and daughter will get equal share.

If one person is trying to alienate the property then you will have to file partition suit and in that suit you will have file an application u/o 39 r 1 & 2 as Not to alienate the propety. If the person already let out the property then you will have to file an application seeking direction to that person ( defendant) to deposit the rent amount in the court.

Swami Sadashiva Brahmendra Sar (Nil) 19 May 2009

ditto

Prakash Yedhula (Lawyer) 19 May 2009

I concur with my learned friends, However, before filing the suit, you send a legal notice demanding partition of your share by metes and bounds. There is every liklihood of settlement.