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Inherited Property Law

Discuss anything to do with property law - buying, selling property

Inherited Property Law

Postby Siolat » Sun Nov 27, 2016 10:28 pm

Hi-

My father is 5 siblings(2 brothers and 3 sisters), my father is the eldest son, and they have a property which is on my grand mother's name. She died 20 years back(no will exist) and now we are looking forward to do a family settlement.

my questions are:

1. My aunts and uncle are unmarried and they live with us , but we are not in good terms, after their death who will take their share and do they have any right to sell or give their share to any NGO , or any other charitable trust? and if yes , how can we stop them?

2. I have read somewhere about the ancestral property law which says that if the property is 4 generation old then the grandsons and grand daughters have full right to get the share? and please define 4 generations as per law? 3. And how much time it will take to do the family settlement in the court of Delhi?   

Thanks & Regards

Sakshi

ANSWER: Hi Sakshi,

Assuming you belong to a Hindu Family and your Grandmother was a Hindu.

Section 8 of the Hindu Succession Act deals with the succession of the property of a Hindu dying intestate(i.e. without making any will)

As per that section when a hindu female dies her property in the first instance devolves equally upon her surviving children. Therefore, in your case, on the date of the death of your grandmother, all her 5 children became owners of her property in equal shares.

1. Your aunts and uncles are absolute owners of their shares, and can dispose it off in the manner and to whomsoever they like.  Since they are unmarried, after their death, in case they do not execute their will, their shares would devolve entirely upon their brother, i.e. your father. but remember, they all would not probably die at the same time, therefore whosoever, amongst these unmarried sibling dies first his share would go to the other surviving siblings including your father. Since your father has children, therefore on his death his share would go to his widow and his children equally.

2. The concept of ancestral property would not be applicable in your case, because as i see it the property is in your grandmothers name, which according to me was her absolute property. There are sound principles to support this view.

3. If all the parties are willing then there is no need to approach the COurt. The title to the property has already devolved upon the 5 siblings on the day your grandmother died. Therefore they all can approach the concerned revenue authority in Delhi and get their names mutated in the Government records as owners of their respective shares. However, if they are unwilling, then any one of the co-owner can file a  civil suit for declaration of his right in a local Delhi Court. I cannot say anything about the time likely to be consumed in litigation, but it can take anything from 1 year to 5 years depending on the co-operation of the parties and their lawyers.

Bye

---------- FOLLOW-UP ----------

Thank you for your response: i have few more questions in continutation, please help me....

My uncle & aunty have suggested that the settlement should be done through court. To reduce the processing time & have a concrete resolution they have suggested that one of the co-owner can file a suit in the court & on the receipt of the notification all the parties would show up & would agree to their share which would be mutually agreeable. This would ensure future discontentment of any of the siblings since agreement made in court can not be challenged again.

I would like to know if lets say today we get into an agreement through the court, can any one of the sibling go back to the court, let say after 5 years & challenge the agreement.

If yes, all what grounds.

Also, we are apprehensive of the fact that they might give their share to some charitable trust or XYZ party. How can we ensure that the siblings can not pass on their share to an unwarranted third party? Regards

Sakshi  
Siolat
 
Posts: 63
Joined: Fri Jan 10, 2014 2:15 pm

Inherited Property Law

Postby Wynne » Tue Nov 29, 2016 3:37 pm

Hi-

My father is 5 siblings(2 brothers and 3 sisters), my father is the eldest son, and they have a property which is on my grand mother's name. She died 20 years back(no will exist) and now we are looking forward to do a family settlement.

my questions are:

1. My aunts and uncle are unmarried and they live with us , but we are not in good terms, after their death who will take their share and do they have any right to sell or give their share to any NGO , or any other charitable trust? and if yes , how can we stop them?

2. I have read somewhere about the ancestral property law which says that if the property is 4 generation old then the grandsons and grand daughters have full right to get the share? and please define 4 generations as per law? 3. And how much time it will take to do the family settlement in the court of Delhi?   

Thanks & Regards

Sakshi

ANSWER: Hi Sakshi,

Assuming you belong to a Hindu Family and your Grandmother was a Hindu.

Section 8 of the Hindu Succession Act deals with the succession of the property of a Hindu dying intestate(i.e. without making any will)

As per that section when a hindu female dies her property in the first instance devolves equally upon her surviving children. Therefore, in your case, on the date of the death of your grandmother, all her 5 children became owners of her property in equal shares.

1. Your aunts and uncles are absolute owners of their shares, and can dispose it off in the manner and to whomsoever they like.  Since they are unmarried, after their death, in case they do not execute their will, their shares would devolve entirely upon their brother, i.e. your father. but remember, they all would not probably die at the same time, therefore whosoever, amongst these unmarried sibling dies first his share would go to the other surviving siblings including your father. Since your father has children, therefore on his death his share would go to his widow and his children equally.

2. The concept of ancestral property would not be applicable in your case, because as i see it the property is in your grandmothers name, which according to me was her absolute property. There are sound principles to support this view.

3. If all the parties are willing then there is no need to approach the COurt. The title to the property has already devolved upon the 5 siblings on the day your grandmother died. Therefore they all can approach the concerned revenue authority in Delhi and get their names mutated in the Government records as owners of their respective shares. However, if they are unwilling, then any one of the co-owner can file a  civil suit for declaration of his right in a local Delhi Court. I cannot say anything about the time likely to be consumed in litigation, but it can take anything from 1 year to 5 years depending on the co-operation of the parties and their lawyers.

Bye

---------- FOLLOW-UP ----------

Thank you for your response: i have few more questions in continutation, please help me....

My uncle & aunty have suggested that the settlement should be done through court. To reduce the processing time & have a concrete resolution they have suggested that one of the co-owner can file a suit in the court & on the receipt of the notification all the parties would show up & would agree to their share which would be mutually agreeable. This would ensure future discontentment of any of the siblings since agreement made in court can not be challenged again.

I would like to know if lets say today we get into an agreement through the court, can any one of the sibling go back to the court, let say after 5 years & challenge the agreement.

If yes, all what grounds.

Also, we are apprehensive of the fact that they might give their share to some charitable trust or XYZ party. How can we ensure that the siblings can not pass on their share to an unwarranted third party? Regards

Sakshi  
Wynne
 
Posts: 38
Joined: Mon Apr 07, 2014 3:58 am

Inherited Property Law

Postby Enoch » Sun Dec 04, 2016 9:49 am

Hello Sakshi,

Its a good thing that all family members are moving towards an amicable settlement. The Indian Legal System has also woken up to such an approach and now encourages it.

One of the co-owners may file a suit for declaration of their right. After receipt of the notice the other co-owners can appear before the Court and a compromise agreement can be entered into defining clearly the shares allotted to each of them. The court would then pass a judicial order(Or decree) based on such a compromise agreement. Alternatively, all the parties can appear before the Lok Adalats held by the Courts for such purpose, and secure a compromise order from the Lok Adalat. If the order is passed by the Lok Adalat, even the initial court fee stamps would be refunded.

In any case where there is an order based on a mutual compromise, the same cannot be challenged by way of an appeal. The parties can object only if there is fraud or coercion. The possibility of these grounds can be ruled out be ensuring that all the concerned parties appear before the court personally and in sound state of mind.  
Enoch
 
Posts: 50
Joined: Thu Jan 30, 2014 12:30 am


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