• Sucession certificate

I am a 60 Yrs old retired man having mother one brother and 3 married sisters. we have Ancestral rental property located in Mumbai .my grand father alloted this property to my father in 1955 by way of partition deed amongst his 4 sons. the property which came to my fathers share has also been included my name as a( then) minor.My father died in year 1984. after that I put all my mother and siblings name on property card at city survey office. Now I want to know is this property comes under HUF.and if my name is there since  1955 is it consider that my share is more.And if i want proper justice can I go to court to get SUCCESSION CERTIFICATE/PROBATE 

Thanking You
Asked 2 years ago in Property Law from Greater Mumbai, Maharashtra
1. The property does not qualify as ancestral property as it was divided through a deed of partition between your father and his brothers. It is the self acquired property of your father. 

2. The property devolved on all the legal heirs of your father i.e his widow and all his children if he died without making a will. 

3. You have carried out mutation of the names of all legal heirs with respect to this property.

4. All the legal heirs have an equal share in the property. Nobody can claim a share greater than the share of any other legal heir.

5. The property is not HUF. A deed of partition can be drawn up to amicably divide the property among the legal heirs of your father. 

6. You do not require succession certificate.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) once partition deed is made property ceases to be ancestral . 

2) it would be self acquired property of your father . 

3) on your  father demise the property would devolve on  the legal heirs namely   your mother you and your siblings . 

4)tenancy rights cannot be bequeathed by will . 

5)you have to apply to landlord for transfer of tenancy rights . 

6) landlord will transfer rent receipt in name of legal heirs who were staying in said property with your deceased father . 

7) you dont need succession certificate
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, as the property is a joint family property you just entered into deed of partition between your family and you have share in the property.

2. If any of the family members refuse to give share then file a suit for partition.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Since your grandfather had made a partition deed in connection with the said property, it is no longer an ancestral property,

2. After the demise of your father, his wife and all his children including yourself, will have equal share on the said property,

3. Mutation of name in the municipal Records does not confer Title of the property,

4. It is not a HUF property but the property of an individual,

5. Since there is no will there is no requirement of probating it,

6. You can collect Legal Heirs Certificate to establish the ownerships of all the legal heirs of the property of your deceased father.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. It is not coparcenary property as it has been divided by your grand father. 

2. After division each legal heir became the absolute owner of his share. 

3. You can divide it physically by drawing up a deed of partition in terms of division carried out by your grand father.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) please try to understand once partition deed is made property ceases  be ancestral property . 

2) it would be self acquired property of your father . 


3) The coparcenary property, prior to the coming into force of Hindu Succession Act, 1956 devolved by survivorship on the surviving coparcenars. (At that time only male child in the family was a coparcenar and female child did not enjoy that right). After the coming into force of HSA, 1956, any separate property [as opposed to coparcenary property (ancestral property)] though might have been owned by a father prior to 1956, but inherited by son after 1956 would be his personal property and not 'ancestral property'.

4) in your case  after partition in 1955 your father was absolute owner and on his demise all legal heirs have equal share in property
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. It has become self acquired property once it has been partitioned,

2. Coparcency property means the property whereupon there are several claimants of title as legal heirs,

3. After the said partition, your father had become the absolute owner of the said partitioned portion of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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