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Author Topic: I want leagl advice for this case  (Read 274 times)

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Offline pratheek1

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I want leagl advice for this case
« on: March 24, 2016, 12:25:27 AM »
Nanjappa had around 10 acres of dry land as ancestral property. Lalitha, his wife had 2 acres 19 gunta irrigated land as her self acquired property. Both of them have passed away long back. Both the properties were transferred to their single heir Manjunath. Along with these two properties, Manjunath has 24 gunta land and one 60x40 site in his name as self acquired property. Padma, wife of Manjunath had 2 acres as her self acquired property. Padma passed away in 2001, Manjunath passed away in 2015.
manjunath and padma have 3 daughters and 3 sons. Both have not written any WILL. All the properties are registered, No allegations and have proper documents.
Now all the properties are to be shared among these 6 heirs. I(son) am one of the 6 heirs. I have the following doubts.
1> Will the female heirs get any share in the property which is in Padma's name as she has passed away before 2005.
2> Whats the legal procedure (pls explain step by step) to divide the property among the heirs and register it individually.
3> All the other 5 heirs are enjoying these properties and i am not getting revenue from any of these. They are not co operative and are not ready to give my share. How to procure    my share without going to court
4> How long does it take to carry out partition in court
5> can i get stay order from court to prevent them enjoying these properties without sharing revenue. 

Offline adv.amarnath

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Re: I want leagl advice for this case
« Reply #1 on: March 24, 2016, 08:46:55 AM »
1> Will the female heirs get any share in the property which is in Padma's name as she has passed away before 2005.
Female will get 1/6th share in respect of their father's properties as well as 1/24th undivided mother's property which they inherited from father
(Explanation: After death of your mother all sons and her husband became owner in respect of 1/4th. And on the death of father, his 1/24th undivided share will be devolved upon 3 sons and 3 daughters).

2> Whats the legal procedure (pls explain step by step) to divide the property among the heirs and register it individually.
To know the procedure you have to go through the Hindu Succession Act, Section 8, 15 and Table in the end of the statute.

3> All the other 5 heirs are enjoying these properties and i am not getting revenue from any of these. They are not co operative and are not ready to give my share. How to procure    my share without going to court
Partition can only be done in two ways 1) Partition Deed or 2) By filing Partition Suit. There is no alternatives

4> How long does it take to carry out partition in court
It depends/ varies from court to court. In west Bengal it will take 5 years tentatively.

5> can i get stay order from court to prevent them enjoying these properties without sharing revenue.
Yes, you can get injunction order ex parte on the day of filing case under Order 39 Rule 1 and 2 read with Section 151 of the CPC. For getting injunction order you have to file case surreptitiously. Even no letter or notice for partition should be serve on them.

Apart from above there is an alternative way to get monetary value of your share.
Regards,

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

 

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