• Christian / Joint property sucession and settlement.

My father purchased a land for 50 acres.and registered a title deed in the year 1965 in the name of my father and three eldest sons. these three sons was the only major sons in 1965.while executing the deed all there sons was not available  and they were working in north indian states. he was one wife and two other sons and five daughters. my father has only this 50 acres of land.
total children = ten. now my father ,mother , two eldest sons and one daughter died in the year 1975,2002,1990,1992,1987 died. now we want to divide the property of  50 acres. the one eldest son and wife and children of the two sons want one fourth of 50 acres each plus one tenth of one fourth each of 50 acres. it means three eldest sons wants 13.75x3 = 41.25 acres the rest  8.75 acres for seven children by dividing 1.25x7 = 8.75 acres. my mother  and young seven children have no other property given by my father. kindly advice how these property can be settled amicably.
 k l stanley john   9495045796
Asked 2 years ago in Property Law from ERNAKULAM, Kerala
1. Your father and his 3 eldest sons became the absolute owners of the land to the extent of 1/4th share each as the same was registered equally in their favour.

2. All the children of your father succeeded equally i.e 1/10th to his 1/4th share i.e 12.5 acres on his demise. As regards the share of two eldest sons and daughter of your father who are dead their share has devolved on their legal heirs who can file a case for partition to cull out their share. The 

3. In accordance with the above legal rights the property may be divided amicably by executing a partition deed, failing which any legal heir can go to court and file a case for partition. Court battles are lengthy and expensive, so must be avoided.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
A. As per the law of succession in respect of Christian, If the deceased is a Christian Where lineal descendant is present:
Widow / widower – 1/3 of the property
Lineal descendants – equally to share 2/3.
In the absence of lineal descendant, to all grand children, equally In the absence of grandchildren, to great grant children equally Lineal descendant of a predeceased child or lineal descendant of a predeceased child of a predeceased child if
present - division is based on equal shares, taking the predeceased child to be alive, and a downward distribution among the lineal descendants. In the absence of  lineal descendant: Widow /widower – 1/3, Father – balance entire, If Father is dead, to mother, to mother, sisters and brothers- equally If father is dead, to mother, living sisters and brothers, and children of a predeceased sister or brother- equally so that one share to be taken for the predeceased sister or brother to pass through the lineal descendant to such predeceased.

B. You would do better approach the court to file Partition Suit and it must be adjudicated by the court because of ample claims over the property or try to resolve the matter by amicable. Contact a local lawyer to know the clear guidance.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1) the property has been purchased by father in 1965 in his name and that of his 3 sons . 

2) as such each son became 1/4th owner of land . in other words each son had  right towards 12.5 acres land .

3) on death of father his 1/4th share would devolve  on his legal heirs . each legal heir would be entitled to 1.25acres of land 

4) under the circumstances other legal heirs namely 5 daughters and 2 sons would only have 1.25 share in property
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. The property of 50 Acres of land has been registered in the names of four persons i.e. your father and three of his elder sons, 

2. It means that all the above persons are absolute owners of 1/4th share of the said 50 Acres of land being 12.5 Acres each,

3. Now, after the demise of your father (and also mother), intestate, all his 10 children will equally inherit his share of the above 12.5 Acres of land which comes to 1.25 Acre each,

4. Thus the elder three sons of your father will inherit (12.5+1.25) 13.75 Acres of land and rest will get only 1.25 Acres of land,

5. The wives and children of the elder three sons  of your father , on their demise intestate, will get equal shares of their 13.25 Acres of land,

6. You can amicably devide the property as per the above legal rights on the property of 50 Acres of land of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) The question that arose, before the Hon'ble Supreme Court, for consideration was whether the provisions of the Travancore Christian Succession Act were ultra vires the Constitution. Another related question that was raised before the Court was as to the impact of the Part B States (Laws) Act, 1951, on the Travancore Act.

2)the SC gave a finding  the law applicable to intestate succession among Christians of Travancore area of the State of Kerala is the Indian Succession Act, 1925, from April 1, 1951

3) as per said decision in case of intestate succession daughters would have equal share in property 

4) in your case daughter would have equal share in  1/4th share of father ie 12.5 acres standing in father name
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Father has the right to buy property in any of his child's name he choses to,

2. The case you have cited does not state that father shall have to purchase property in the name of all his children,

3. However, all his children have equal right on his property on his death, intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. In the case mentioned by you the SC was called upon to decide the constitutionality of the law relating to intestate succession in case of christians. The judgment does not have any application in your case.

2. A father has the right to buy a property in the name of any of his children by excluding his wife. This right cannot be questioned in any court of law.

3. If, however, father dies intestate his share in the property will vest in his widow and all children equally.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0