• Division of joint family property

My grand father has a property in Neemuch Madhya Pradesh which is in residential area. My grand father passed away in 1990. He died without making a will. The said property was his residence and then after retirement my father stayed in that house for a decade. After my father's demise my father's younger brother stayed in that house for some years. The facts of the case are;
My grand father passed away in 1990 intestate.
Mutation was applied for by the 4 sons and papers were duly filed but the mutation was not granted at that point due to factors unknown to me.
My grand father had 4 sons and 3 daughters.
2 of the daughters are married and 1 daughter is unmarried and mentally unstable.
My father had 2 children , my sister and me.
My father passed away in 2007
My question is
Will there be a deemed partition in 1990 when my grand father passed away.
Will the succession act of 2004 be applicable in this deemed partition .
What will be the share on my unmarried mentally unstable aunt.
Will my aunts get a share in my grand fathers property. How will this share be determined.
My father did not leave any will, how will his share in this property be divided amongst my sister, my mother and I
Asked 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1) on your grand father demise each legal heir ie 4 sons and 3 daughters would have one seventh share in property ,

2)  I presume grand mother predeceaed your grand father . 

3) on your fathers demise his one seventh share would devolve on your mother you and your sister 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
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There is  a deemed partition as your grand father died intestate. It is assumed that the property has been divided between the heirs equally that is between 4 sons and 3 daughters.
The succession act as amended is applicable in the case of a deemed partition
The unmarried daughter gets the equal share with others. she will get 1/7 share in the undivided property. This can be effected through a  decree of partition from court or division with mutual understanding and  a guardian can be appointed on her behalf as she is mentally ill.
As per 6(3) of the Hindu Succession Act, 1956 (as amended) 

Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.
Section 30 of the Hindu Succession Act, 1956 (as amended) also clearly states that the interest of a male Hindu in a Mitakshara co-parcenary property shall notwithstanding anything contained in the Hindu Succession Act, 1956 (as amended) or in any other law for the time being in force, be deemed to be property capable of being disposed of by him.

 the explanation is that  the right  of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.
Since your father did not make any WILL his share will be divided between his wife and children equally if your mother is alive there will be four shares or else three shares 
If at all 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Hi, when there is no previous partition in your family then all the 4 sons and 3 daughters of your grand father has equal right over the property left behind by your grandfather.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Will there be a deemed partition in 1990 when my grand father passed away.?
No,there is no question of deemed partition when there happened nothing in this regard.




Will the succession act of 2004 be applicable in this deemed partition ?
What is that you want to clarify by referring to 2004 amendment?  Whether or not all  the legal heirs of your grandfather are entitled to a legitimate share in the intestate property.  Your deceased father's share shall devolve on his legal heirs. 


What will be the share on my unmarried mentally unstable aunt.
She along with her brothers and sisters shall be entitled to one such equal share that has been distributed or partitioned among themselves. 

Will my aunts get a share in my grand fathers property. How will this share be determined.??
The daughters of your grandfather are also entitled to an equal share in his intestate self acquired property after his death who died intestate. 



My father did not leave any will, how will his share in this property be divided amongst my sister, my mother and I?
His share in the property shall devolve equally on all his legal heirs, i.e., each one of you shall gt 1/3rd share out of your father's  share. 

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. There is no deemed partition. Succession took place in 1990 on the demise of your grandfather but the partition has not taken place as partition unlike succession is a positive act.

2. After the demise of your father his heirs i.e his widow and children succeeded to his share in the property of your grandfather.

3. Your unmarried aunt who is unstable has the same share as her siblings. Her mental state does not disqualify her from succeeding to the property of her father.

4. Any one of the legal heirs of your grandfather or father is at liberty to file a lawsuit for partition to cull out his/her share in the property. 

5. The 2004 act does not apply to your case.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1) your grand father passed away in 1990 

2) since he died intestate ie without a will under the provisions of hindu succession act 1956 both sons and daughters would have equal share in property 

3) on your father demise your mother , you and your sister would inherit father one seventh share 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Since this was your grandfather's self acquired property and he died intestate, the property will,devolve equally on all his legal heirs, i.e., your father and his siblings, consisting 4 sons and three daughters.  The property shall be divided equally into seven shares and each of the legal heir or legal heirs of any deceased heir shall inherit one such share.  This law is prevailing even before the latest amendment came into force. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Your reliance on the new law is misconceived. The legal heirs of your grandfather were his children (sons and daughters) and widow in 1990 and even today. So the surviving heirs, as on the date of his demise, succeeded to his property.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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