Partition of house property
My elder uncle self-acquired (purchased) a house property in 1960. He was unmarried and died 5 years back. He has 3 brothers including my father who all are surviving and living together in same house since it was purchased. Another brother is dead but survived by his wife and sons who are living in the said house. Apart from the brothers, there are 4 sisters also out of whom one was unmarried and dead, 2 were married elsewhere and dead (survived by sons /daughter), 1 is married elsewhere and living (with son). We are planning for partition of this house property among the surving 3 brothers and one brother's widow.
1. Can the sister or sister's family make any claim. If they verbally say no demand now, shall we take it in writing. How to get it documented?
2. Shall we make partition deed among 4 as per mutual agreed share and register same or need to go to court for any succession certificates/ hierarchy cert. if really necessary. Is it really important to get a court certificate. How much time it takes?
3. What will be the step by step procedure to make the partition complete?
Asked 5 years ago in Property Law
Religion: Hindu
1. If one of the deceased sister leaves behind son as well as married daughters, will claim right on the property pass on to the daughters as well.
2. Will surving sister alone will have claim or her husband as well.
3. How much level down can claim right pass on to?
Asked 5 years ago
I have few questions specific to my case:
1. In my case, as said, apart from the 4 brothers and their families (one of four brothers being dead), there are/were 4 sisters. 3 of these sisters have died before the death of my elder uncle. Now, in the current situation can families (son/daughter) of these 3 dead sisters claim while we are planning for the partition given they have died earlier to death of my elder uncle? Or only the surviving sister alone can claim along with the brothers? I suppose brother and sister are in the same level of hierarchy and sister's son/daughter are in lower level. Cite me relevant section of law to support your answer.
2. Mine is class II case. I came to know that in case of class II legal heirs, the succession takes place cumulatively and not simultaneously and brothers/sisters are higher in the the entries than that of sister's son or sister's daughter. Does it mean in my case in present situation, the division will be among the brothers and surviving sister only, excluding the sister's son and sister's daughter? I heard of some case reference of Kumuraswami Vs Nanjappa. Cite me relevant section of law.
Asked 5 years ago