• Partitioned property

My Grand Father (GF) and Grand Mother (GM) (Mother's parents) had 2 children, 1. My mother (MM) and 2.Her brother (HB). My mother (MM) got married in around 1977 and her brother was married in the year 1989. My grandfather (GF) passed away intestate in 1991 and in Jan 1992 his son (HB) passed away intestate without any issues. In a span of 2 months his wife i.e. my grand mother's (GM) daughter-in-law (HBW) left the home and filed a suit for partition. The suit was decreed in the lower court and was appealed in High court, wherein high court, in Lok Adalat partition, was done by paying the market price for the 1/3 share of the property that came as her share. Due to this, the whole property was retained back by Grand Mother (GM) and only cash was paid to daughter-in-law (HBW) in regards to her share given by the court and this was done before the Hon'ble judges in Lok Adalat. For this, the daughter-in-law (HBW) signed a "Full and Final" settlement deed and left us. Now after few years, Grand Mother (GM) was fighting another suite, wherein she passed away intestate during the pendency of the suite in the year 2018. My mother (MM) filed as Legal Representative petition, during this period other side filed a memo stating that the daughter-in-law (HBW) is also a Class-I legal heir along with my mother (MM). Following is my query:
1. Even after the partition is done and she got separated, is she still a co-parcener and can the daughter-in-law (HBW) become a class-I legal heir and claim 50% of share in the property.
2. Does the following "Section 6 or 6B(Explanations)(2) in The Hindu Succession Act, 1956" can help us in retaining the whole property and what does this mean. Please provide a few judgments.
Asked 15 days ago in Property Law from Hyderabad, Telangana
Religion: Hindu

On grandmother demise her share would devolve on your mother and daughter in law equally 

 

2) your mother cannot retainthe entire property 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

1. Daughter in aw is never a class-I legal heir and I am not sue under whose advise she made this mistake. Your mother is a lone class-I heir and she alone is entitled to be substituted in place of her mother.

2. Yes, in the event of death of grand mother intestate , your mother inherit all her proprieties in her sole and exclusive share.

Devajyoti Barman
Advocate, Kolkata
15387 Answers
211 Consultations

5.0 on 5.0

1. See after the grand mothers demise the proeprty of grand mother shall be again partitioned as per the intestate succession so she will have right again and she can claim the right.

2. Intestate rules shall apply on demise of grand mother.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

1. The question of coparcener does not arise in the first place as property was not ancestral by any stretch of the imagination. The devolution of the property of your grandmother is governed not by Section 6, it is governed by Section 15. 

 

2. Since your grandmother died intestate her property has devolved absolutely on your mother. Her daughter-in-law does not get anything as she is survived by her daughter. 

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

After death of GM property devolve amoung legal heir MM and Daughter in law equally. 

Without consent of Daughter in law your MM cannot claim full rights. 

Better Settle dispute out of the court and execute relinquishment deed. 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

Dear Client,

Dose HB remarried or not ?

On death of G F, his property was inherited by 1/3rd each and on death of HB, his 1/3rd share was inherited between his mother and wife, hence, your Grand mother paid her double amount, wife was only entitle to half of 1/3rd share.

Well on GM`s interstate death, her 1/3rd + purchased 1/3rd share will inherit in your mother and widow of predeceased son.

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

Hi 

1)Since your aunt( HBW) has settled the issue at Lok Adalat and has received money in lieu of her share of property, she is no longer a claimant to the property. 

2) Now only your mother(MM) is the legal heir to the said property and she should contest the case either as 

a) Legal Representative to Grand Mother(GM) or 

b) Set up her independent claim in the same suit. 

 

3) The copy of lok adalat settlement may be submitted to the court to exclude HBW from on going court proceedings. 

4)  Since lok adalat partition has been effected the matter has to be decided under section 8 of Hindu succession act only.  

5) Also lok adalat partitions can never be challenged in any court of law either by legal heirs OR HBW herself

6) Section 6 of HSA is applicable only in case of properties that have been unpartitioned for more than 4 generations. i.e the property should have been derived from your mother's great grand father and it should have been undivided. 

7) In order to succeed you should be able to demonstrate to the court that 

a) the property was self acquired property of your grand parents. 

b) That there was a partition between the grand mother and HBW  and 

c) Hence the mother is the legal heir as well as legal representative to the present suit 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
1571 Answers
225 Consultations

5.0 on 5.0

You can challenge the same in Court. It will be decided through evidence.

Class 1 heirs

  • Sons
  • Daughters
  • Widow
  • Mother
  • Son of a pre-deceased son
  • Daughter of a pre-deceased son
  • Son of a pre-deceased daughter
  • Daughter of a pre-deceased daughter
  • Widow of a pre-deceased son
  • Son of a pre-deceased son of a pre-deceased son
  • Daughter of a pre-deceased son of a pre-deceased son
  • Widow of a pre-deceased son of a pre-deceased son
  • Son of a predeceased daughter of a predeceased daughter
  • Daughter of a deceased daughter of a predeceased daughter
  • Daughter of a predeceased son of a predeceased daughter
  • Daughter of a predeceased daughter of predeceased son

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that HBW had already got the share out of her husband’s share, which he would have/ had got out of his share in the GFs property as he GF died intestate.
  2. HBW can never be look into as a coparcener for a reason that she is the coparcener in her fatherhood family not your mother's.
  3. And also she has already claimed her share and received the same long time back.
  4. And HBW is not amongst the list of class I heir, she comes under class II. So chance of her getting anything now is all over.
  5. You should not be worry about anything and contest the same as eventually you would get succeed.

Sanjay Baniwal
Advocate, South Delhi
3036 Answers
6 Consultations

5.0 on 5.0

1. The daughter in law is the wife of her predeceased son who was a class I legaleir to his mother, hence the class I legal heir of the predeceased son i.e., his widow shall automatically become legal heir tothe deceased grandmother. 

 

2. Property distribution is different subject to that of the legal representative in the court in lace of the deceased plaintiff.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

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