• 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 4 years ago in Property Law
Religion: Hindu

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17 Answers

On demise of brother his surviving siblings woukd have share in property

2) if sisters don’t want share they should execute relinquishment deed to relinquish share in property

3) sister children or widow have no share in property

4) obtain letters of administration from district court

5) consent affidavit can be filed by surviving sisters

6) LA does not take more than 6 months if there is no contest by legal heirs

7) then deed of partition can be executed

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Yes as the sister and the brothers has equal claim over the deceased brothers property. They have to make a relinquishment deed in favour of the brother now.

2.Court certificate is not required but NOC from all legal heirs including sister required.

3. First the land should be mutated in name of the all legal heirs brothers , sister deceased brother and sisters family, then after that sister can relinquish there right in favour of brothers and widow then a partition deed can be drawn and registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You have to execute settlement deed. So that your sister's family cannot claim any rights later on.

2. Legal heir certificate is necessary. You have to get it from court to show that there is no any other legal heir for the property other than you all.

3.u should register settlement deed under sec 17 of registration act by paying valid stamp duty and registration charges. After it is registered it can be cancelled only by way of court order.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. take consent of sister/sister's family in writing on an affidavit sworn on oath

2. partition deed in the form of deed of family arrangement can be made

3. you will have to obtain letters of administration for the estate of deceased uncle

4. court will appoint an administrator under (3)

5. administrator can then transfer the shares in accordance with the partition deed

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

A Hindu Male if dies without disposing his estate by a valid deed, durting his lifetime then first right is of:

Class 1 legal heirs i.e. Mother, Wife, Sons, Daughters....................

If Class 1 legal heirs are not present then ClassII legal heirs shall come into picture and press their right.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. All of you come as his class II heir since he was unmarried. Late and living Sister's family members have equally right on the properties of your late elder uncle. you shall have to get a relinquishment deed registered by them in your favour for claiming their share of the properties.No unregistered deed of conveyance executed by them will be accepted as valid in the eyes of law.

2. You shall have to first obtain the legal heir certificate and thereafter the aforesaid relinquishment deed registered by the sister's family members. Thereafter you can get the property partitioned amongst the four and get the partition deed registered.

3. Get the legal heir certificate from the ward counselor of the local municipal corporation/panchayat or BLRO as the case may be first which should include the members of the living and demised sisters of your elder Uncle. Thereafter get the relinquishment deed registered by the members who are willing to relinquish their share said properties,and finally get the partition deed registered by the four persons as stated by you in your queiry.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

On demise of sister her property would devolve on her husband , sons and daughters equally

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Yes deceased sisters husband, son and daughter shall have equal right.

2. Surviving sister alone shall have claim.

3. To the surving legal heirs of the deceased. If not one is there as first class then it shall pass to class 2 legal heirs and subsequently below.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Surviving sister will alone have claim if the settlement deed is not prepared and you have no evidence to show that she gave her share of property to you.

But if she dies without giving her share to you then her husband as well as married daughters will have right over the property as it is their mother's inherited property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. The legal heirs of the deceased sisters will have the claims on the shares of the said deceased sisters.

2. Sisters are part of the legal heirs.Not their husbands during their lifetimes.

3. The legal heirs of the deceased sisters will get their shares and it will pass on to the last surviving subsequent legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The property left behind by the unmarried brother of your father shall devolve on his surviving siblings i.e., surviving class II legal heirs.

The legal heirs of deceased siblings will not be entitled to any share if the deceased siblings have been reported to have died before the death of the deceased paternal uncle.

If the lone surviving sister of the deceased states that she do not want to have her share in the property, then she may have to execute a registered release deed relinquishing her rights in the property.

Then the property will be divided into two parts as one more brother is also reported to hav died.

The widow of the deceased brother and her children are not entitled to any share however there is nothing wrong in allotting a share to her and her children by mutually agreed conditions.

Partition can be done among the family members on the basis of mutual conditions agreed by all in common.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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.

No. She could have availed if she were alive or if she survived her brother who died as his Class II legal heir and upon her death her own legal heirs can inherit that share.

2. Will surving sister alone will have claim or her husband as well.

Yes she alone can stake the claim and not her husband.

3. How much level down can claim right pass on to?

Till the surviving siblings level only.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. Yes

2. Only sister

3. As per the facts mentioned, till the sons/daughters of the deceased brothers/sisters

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

The surviving siblings are only entitled to inherit the properties left behind by the deceased who is reported to have died intestate and also unmarried.

It is pertinent that the siblings should have survived the death of the deceased.

The siblings who survived the deceased brother, if died subsequently before the partition could be effected, then their shares shall devolve on their own legal heirs.

Your understanding is right.

The surviving siblings only can succeed the properties left behind intestate by the deceased

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Legal heirs of deceased sister have no share in property of elder uncle

2) only surviving sister can claim share in property

2) on demise of bacehelor brother only his siblings can claim share as they are class 2 legal heirs

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Yes you are right in understanding only surviving sister shall have the claim in the property section 8(b) of hindu section act clarified that in class 2 laagal heirs there are 9 entries and succession is as per the entries. Further the class mention no right.to predeceased sisters son or daughter right in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since the his sisters had died before the demise of your elder Uncle, as per Hindu Succession Act, 1956 the brothers of your elder uncle will have preference over the sons/daughters of his late sisters.

2. In case of Class II heirs those in the first entry will be preferred to those in the second entry and so on. So, in the instant case, the division will be between the brothers and the surviving sister only.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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