• Right of female heirs

My Grandfather registered a partition between himself his 2 minor sons and his wife in the year 1954. He subsequently died in 1974 and was survived by his wife, 5 sons and 4 daughters. The brothers stayed together till the mother died in 1998. 

The properties continue to stand as on date in name of my Grandfather and Grandmother. The family not wants to divided the properties and transfer in name of heirs. 

Kindly clarify
1. Legal Status of registered partition deed of 1954
2. Shares of the Female Heirs as on date

Regards
Asked 7 days ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Registered Deed of partition is binding on parties 

 

2) on his demise grand father share would devolve on his sons and daughters equally 

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

As per Hindu Undivided Family female heirs are entitled to get share in the property equivalent to the son.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

1. The deed pf partition registered in the year 1964 is still valid and only the parties mentioned in the said deed are entitled to their due share and the deceased co sharer's  portion would be further inherited by their living legal heirs at the time of their death.

2. However the properties left by them at the time of death but acquired after the date of the said registered partition deed in 1954 would be liable for equal division among his widow and children.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

Since the property was partitioned by the grandfather among his sons and himself in the year 1954 by a registered partition deed, the share of property allotted to his sons shall become their own and absolute property.

However the share of property on the name of grandfather, who is reported to have died intestate shall devolve equally on his own legal heirs, i.e., his sons and daughters, which will include the sons who have already been allotted their respective shares by the said registered partition deed.

If there is no chance of partition among the legal heirs/shareholders, then one can initiate a partition suit claiming their legitimate share in the grandfather's share of property.

 

 

Legal status of the registered partition deed is it is legally valid even as on date;

 

The daughters shall have rights in their father's share of property alone.

 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

1. See the registered partition deed is valid the 2 minor son shall have there share , the share of grand mother and father in the deed can be now disposed under hindu succession act wherein all legal heirs son and daughters get equal share .

2. They shall have share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

1. Even after that partition deed now supreme Court ruled that she will have right by birth

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

Hi,

You have not mentioned the status of his other legal heirs on the day of partition deed of 1954 and also the type of property i.e. ancestral or self acquired. However, it is clarified that if other legal heirs (sons or daughters) were not born on that date, their share will be from the share of mother and father both.    

Ganesh Singh
Advocate, Delhi
3337 Answers
9 Consultations

4.5 on 5.0

Registered partition deed of 1954 will be considered as valid partition between family. 

Legal heirs of owner of property can claim share from the property by filing partition suit and

female heirs will also have equal share in the property as male heirs. 

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

Is this partition deed registered ? And it had to be settlement deed not partition. Well, language of deed may be clear on this.

If deed is registered than valid.

In 1954 daughters had no share in father`s self acquired property except right to residence. But inheritance opend on death of grand father i.e. in 1974, hence daughters along with 3 other sons have equal share in grand father share. 

And on intestate death on grand mother, her share inherited in her all children equally.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

1.When the partition deed was registered in the year 1954 partitioning the property in the name of your grandfather, grandmother and their two minor sons who have now become major, then how is that the property still standing in the name of your grandparents? As per records it is standing in the name of your grandparents and their said two sons.

 

2. All other legal heirs of the grandparents, including the female heirs,  will equally inherit the share of the grandparents in the said jointly held property.           

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

1. A Latest Mumbai High Court judgment states that the Last available "Registered Sale Deed" of an immovable property is Final & Conclusive and earlier title documents are not required, IF the property was duly transferred /mutated in name of Mother.  This registered document is legally Final, for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

2. Consider that Partition Deed CANNOT be executed with Minor age persons. Check this.

3. IF said Grand Parents had not executed any WILL document, THEN all the residual legal heirs would be EQUALLY entitled to such property.

Hemant Agarwal
Advocate, Mumbai
3005 Answers
17 Consultations

5.0 on 5.0

Registered partition deed of 1954 valid and binding on parties. 

Sons and daughters entitled to get equal share in Grand father share. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

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