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Author Topic: Undivided Property Dispute-Father died in 2003  (Read 407 times)

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Offline anath

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Undivided Property Dispute-Father died in 2003
« on: March 09, 2016, 02:26:18 AM »
My father died on April 2003 keeping his property undiveded . My mother is alive. We are two brothers and two married sisters. My father was adopted son of his elder uncle who make a gift deed of all his property in my fatherís name. That deed was unchanged at the time of my fatherís death.
1>What is the share of undivided parental property for us?
2> What about Hindu succession act amendment -2005 and Supreme Court order of 2nd November 2015.
3>Is there any further amendment after 2nd November 2015?
4>Can any of heirs write his/her share to any other heir?. I do not know whether share of my sisters and mother are written to my elder brother or not. Can the do it?
 Pls. Give opinion.

Offline adv.amarnath

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Re: Undivided Property Dispute-Father died in 2003
« Reply #1 on: March 12, 2016, 10:21:50 AM »
1>What is the share of undivided parental property for us?
everyone is having 1/5th undivided share

2> What about Hindu succession act amendment -2005 and Supreme Court order of 2nd November 2015.
your married sister has right in the property but she cannot claim for partition of same if you are all guided by Mitakhara Law.

3>Is there any further amendment after 2nd November 2015?
No amended has been made. Only judgement has been passed by apex court.

4>Can any of heirs write his/her share to any other heir?. I do not know whether share of my sisters and mother are written to my elder brother or not. Can the do it?
No. Property cannot be transfer or relinquish on simple writing. It has to be registered by GIFT or WILL
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: Undivided Property Dispute-Father died in 2003
« Reply #2 on: March 14, 2016, 11:49:47 PM »
Hi
1) the property obtained by your father through a gift deed from his adopted father is his absolute property and not ancestral property.

2) Hence the property of your father will devolve on his wife, 2 sons and 2 sisters in equal shares if there is no will.

3) In your case since it is a self acquired property, it will be governed by the Hindu succession act 1956. Subsequent amendments are not going to be useful as these amendments are for ancestral property.

4)   On relinquishment- Yes, either or majority of the siblings can choose to relinquish their shares in favour of 1 of the surviving legal heir.  The relinquishment / settlement deed has to be registered in the sub-registrar office after payment of stamp duty and registration charges.

Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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