• Unregistered partition

My Father had two brothers and one sister.The Ancestors properties were partitioned with out registration.One of my elder uncle's property was acquired by govt and compensation was paid out of that he has bought several properties and got registered. Recently he expired and he has no children and wife. Now legal heir is only my motherin law since my father and my other uncle also expired.As per class 2 my mother in law{my father's sister} will have the right.since the property was not registered or there is no court decree can we claim as Ancestors property? Please confirm.
Srikanth p.g
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1) deed of partition has to be duly stamped and registered to be admissible in evidence

2) on uncle death intestate your mother in law as legal heir can claim share in property along with other legal heirs

3)apply for and obtain letters of administration from district court

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. On death of your uncle his brother and sister both being his second class heirs inherit his share which include your father also

2.So of your father is alive then both he and your aunt inherits share in equal share.

3.If she refuses to part with her share your father can file partition suit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Entire property will devolve on your mother in law as sole legal heir

2) if it is ancestral property you can file suit to claim share in ancestral property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Now legal heir is only my motherin law since my father and my other uncle also expired.As per class 2 my mother in law{my father's sister} will have the right.since the property was not registered or there is no court decree can we claim as Ancestors property? Please confirm.

Since your uncle died intestate and has no class I legal heirs or successors in interest, surviving class II legal heirs can inherit the properties.

For this they have to obtain succession certificate from court of law by following the legal process.

Once it is done, she may apply for mutation of all records in respect of all the properties that were lying on his name to her name, this will help solve the issues.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

The deed of portion has not stamped .

The proof of partition is the unregistered partition deed after which the shareholder has sold the properties and acquired plenty of other properties from that money. Therefore the partition can be established by this act.

2.Since my mother in law is class 2 hair and no other heirs are alive will entire property will go to my mother in law as per Hindu succession act.

If she is the surviving legal heir, she may inherit the property in the capacity of successor in interest.

3 if she refuse to share the property what is alternative to us.

Once she inherits the property, she will be the absolute owner of the proerty, she has rights to refuse to share the property with others.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) mere mutation of property dies not confer title to property

2) entry in revenue records is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The proof of partition is unregistered partition deed.

But it was not sold by my uncle but is was acquired by irrigation department and compensation was paid

Out of the compensation amount my uncle invested in the other Agricultural land and purchased a house.

Stop will establish registered partition and if I file suit for partition will it consider by the court as khath was in his name for past 30 years actual date was not known.

If a property was partitioned and there is a proof of partition including oral partition then that property will lose it ancestral character.

Thus the property acquired by partition by your uncle and the same was subsequently acquired by government for a compensation amount and the same was utilised for purchasing another property, this another property shall become your uncle's own and absolute property and it cannot be considered as ancestral property.

As the property owner died intestate and he has no call I legal heirs surviving his death, the surviving class II legal heirs shall be automatically entitled to inherit the properties.

Since it is not an ancestral property, you cannot file a partition suit to claim your share, moreover you are not a lineal descendant to the deceased property owner hence you do not have any rights to claim a share in the property as per law of succession.

You may consult a local advocate on further issues.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The partition deed requires mandatory registration, but the lack of registration of partition is immaterial in view of the fact that the property was subsequently acquired by the government,

2. The share of your uncle has devolved on your mother-in-law who succeeds to the exclusion of all others.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It is her prerogative to share the property with any of her relatives as she succeeds to the exclusion of all others. Consult a local lawyer with all documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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