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raj (self)     20 November 2013

Property dispute

Dear experts,

My father in law is having 24 acres agriculture land. recently he deceased with cardiac arrest. he is having wife, one son and 2 daughters. He hasn't left any will. daughters are married after 2004.In his property 15 acres are in his name and remaining 9 acres on his deceased's father name.my father in law is having a surviving brother, they haven't shared their property, but my FIL's younger brother sold 15 acres in 2011 of his share. no paper has written for this.Now he is also claiming that he will get property share(only 9 acres with their father name). 

My brother in law is married,having a son, suffering from stage 4 cancer, doctors told he can not survive more than a year.later we have to take care about his mother(mother in law to me). brother in law's wife may not stay at village after his demise.Still we have to know , whether she takes care about her son.

My father in law only cultivated all these property for more than 30 years. his brother never involves in agriculture, lives in city , having a good residential building.

pls guide how to partition the above said property? how to proceed legally, is daughters is also having right in the property? can all these 3 can claim their uncle property, which is on his name in city?

Request your suggestions

Thanks in advance.



Learning

 4 Replies

Sophie Andres (Student)     21 November 2013

According to Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate would devolve firstly upon the relatives specified in Class I of the Schedule.

Widow, Son, Daughter and Mother would come under Class I heirs. Sections 9 and 10 of the Hindu Succession Act, 1956 provide that the Class I heirs take equal shares simultaneously. For instance, when a male Hindu dies intestate leaving behind a son and two daughters, each of them would get one-third share. It is therefore clear that there is no discrimination between sons and daughters who take equal shares of their father's property on his intestate death. For further help on your case you may contact www.lawkonect.com with specific facts of your case and avail expert legal advice and services at reasonable rate. You can also choose a legal practitioner of your specifications to work on your case through Lawkonect.

Kumar Doab (FIN)     18 April 2014

It is believed deceased was Hindu.

The Father in Law has deceased recently implying succession has opened after 2005.

The daughters (including your wife) shall have equal share.

The equal share of your Father in law shall come to him from his father.

The estate of deceased Father in Law shall be shared equally by his ClassI legal heir.

raj (self)     20 April 2014

Thanks experts,

Is there any option apart from partition suit in civil court and mutual understanding, because they will not come for mutual understanding, can we file a case in Lok adalat? Are we can obtain Family members certificate and later put the issue in front of MRO/Tahasildar in AP

G.S.Rajaram (Proprietor)     20 April 2014

Two different Final Decree Proceedings are going on in two different courts claiming share in a common property. How to get them clubbed together. pl. suggest

Pl send your reply to   rajaramgs@yahoo.co.in


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