1) Let us consider generations like below a. Great grand father - Generation A b. Grand Father-- Generation B c. Father -- Generation C d. My self ( our generation) - Generation D 2) A has the property 3) A has wrote a will benefitting B1,B2, B3 and dies on 1957 4) 5) B1 male - died and no legal heirs 6) B2 male- ie grandfather died on 1967 and had legal heirs of a. wife c2.1, b. 1st son c2.2, c. 2nd son c2.3, d. and daughter c2.4 7) B3 female- died; settlement done to legal heirs of B3 by B2; now B3 has no rights. 8) Now property totally belongs to B2 a. C2.1 – FEMALE-grandmother died- 1988 b. C2.2 – MALE- died on 2000 and has legal heirs of i. D2.2.1 -MALE ii. D2.2.2 -MALE c. C2.3- MALE- ALIVE NOW d. C2.4 - FEMALE DIED ON 1981 i. HAS FEMALE HEIR D 2.4.1 Pls confirm who are all the eligible ownership of this property .
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As per the will grandfather and his siblings were absolute owners of property
2) on demise of B 1 his share would devolve on his siblings ie B2 and B3
3) on demise of grand father property would devolve on his sons and daughter
3) the share of C2would devolve on his wife and sons
Dear Sir , Is Female Heir of C.2.4 ie D.2.4.1 eligible ? ; pls confirm...
She is entitled to inherit her mother share in property
Dear Sir, Read: According to a Supreme Court ruling, a daughter can only claim ancestral property if her father died after the amendment of the Hindu law. The apex court said that a daughter’s right to ancestral property does not arise if the father died before this amendment, which came into force in 2005. D 2.4.1 's mother c.2.4 died in the year of 1981 itself . (and grandfather B2 died in the year of 1967 .). Still D.2.4.1 is eligible ? Pls confirm
1) The judgment of SC has been over ruled
2) even if father died before amendment act 2005 daughter would have share in property
3) property was bequeathed to grand father by will . He died in 1967
3) on his demise his daughter had equal share in property
4) on her demise in 1981 her daughter would inherit her share in property
Hi
1) Since B1, B2 and B3 got the property of A1 through a WILL, the property obtained by B1, B2 and B3 are self acquired properties(absolute property) and not ancestral in nature.
2) Also, B2 has done settlement to the legal heirs of B3 and hence the property obtained by B2 from B3 will also be absolute property of B2.
3) Hence Succession will be in accordance to Section 8 of Hindu succession act and in accordance to Class I of schedule.
4) Please note Section 6 of Hindu Succession act is applicable only in case of Undivided properties which are ancestral in nature.
5) The property changes the character once if any partition/ will/gift/settlement is executed by any one of the ancestors and acquires the character of self acquired / Absolute properties.
6) So, on the date of death of B2 (i.e in 1967), his legal heirs namely
a) wife c2.1,
b) 1st son c2.2,
c) 2nd son c2.3,d) and daughter c2.4
7) The legal position as of today (on account of death of legal heirs would be)
i. D2.2.1 -MALEii. D2.2.2 -MALE
iii. C2.3- MALE- ALIVE NOWiv.. FEMALE HEIR D 2.4.1
8) Please note, if there is a death of family member, his legal heirs will succeed to the property .
9) Technically, the property will vest in three shares and each one of them namely C2.2, C.2.3 and c2.4 will be entitled to 1/3rd share .
10) So, technically,
a) C2.2 will get 1/3rd share and his children D.2.2.1 and D.2.2.2. will get equal share out of 1/3 share allotted to C2.2.
b) C2.3 will get 1/3rd share
c) C2.4 will get 1/3rd share and her daughter D2.4.1 will succeed to this share in full
Hope this information is useful.
Present status by latest SC judgement daughters are liable to get their share even if father died or alive before 2005 amendment. Only exception is if there is a legal partition executed before the said judgement or decree of Court then she will not be eligible for any share
The property belonging to D2 shall devolve equally on his own legal heirs, provided he is reported to have died intestate.
B2 is reported to have died in the year 1967, but you have not mentioned who are hid legal heirs.
The description of heirs by c2 c2.2 c4 etc do not clearly state who they are hence you may explain the details with more clarity.
Female heir c2.4 and d2.4 1 do not make any sense as to whose heirs are they and in what manner they are related to D2.
You may throw light on clear information so that a proper opinion can be rendered
If d.2.4.1 is one of the legal heirs of c.2.4 and c.2.4 was the legal heir of D2, then the share of c.2.4 shall devolve equally on her own legal heirs.
The supreme court decision has nothing to do with this position of law.
Therefore if d.2.4.1 is one of the legal heirs of c.2.4 then this heir shall be entitled for a rightful share in the share of property that the c.2.4 was entitled.
Dear Sir Thank you very much for the clarifications . Follow up questions is below pls : 1. We have decided to partition among us . 2. Some will be retaining and others will be selling . 3. But, unfortunately, We are not having the legal heirship certificate of C.2.4. 4. Is there any way to execute partition deed without legal heirship certificate of C.2.4 ? 5. Can sale proceeding can be done without legal heirship certificate of C.2.4 ?; 6. D.2.4.1 ( daughter of C.2.4) is residing in abroad . If legal heirship certificate is mandatory means , what is the steps to be done to get that pls?
The partition can be done even without a legal heirship certificate, but the said heirs may face problems while selling their shares of property in the absence of the legal heirship certificate.
The buyer may insist on the legal heirship certificate especially if he has to apply for home loan from bank.
The legal heirs have to submit an application to the concerned revenue department requesting legal heirship certificate signed by all the heirs
The person residing at abroad may sign the letter from her country of residence itself.
It's possible to do partition deed with consent of all. But of there is no consent and it can be challenged later by c24 or his heirs then legal Heirship certificate is needed
Buyer may insist on legal heir ship certificate
2) to apply for legal heirship certificate
To apply for the certificate, it is mandatory to possess the following documents: Death Certificate. Birth Certificate. Aadhar Card. Identity Card. Ration Card. Appropriate application form. Residential address of the deceased person.
1) Dear Sir , Thanks for the clarifications . 2) We have arrived the partition agreement among the owners as per the shares a. D2.2.1 - 1/6 – of share b. D2.2.2 - 1/6 of share c. C2.[deleted]/6 of share d. D 2.4.1 - 2/6 of share 3) D 2.4.1 is residing at abroad . Other owners are in India. 4) Would like to execute the partition deed among all the 4 of us , without calling her to India for the purpose of executing the partition deed . 5) Will it be feasible? If yes, pls share the modalities to be done for that and tentative time that would be consumed for this procedure pls..
Partition deed has to be signed by all the legal heirs
if She is not party to partition deed she can take legal
proceedings to set aside partition deed
If it's agreed between you all then there is no room for any modalities. Modalities and law come when there is dispute in question
D.2.4.1. is one among the legal heirs and is entitled for a legitimate share in the property.
This being the situation you cannot exclude her from the execution of the registered partition deed.
Her participation in the execution of the registered partition deed is essential/pertinent and unavoidable, unless the deed may become invalid if she approaches court of law at a later stage seeking partition and allotment of her share in the property.
If she will not be able to travel to India for completing the legal formalities in this regard, she can authorise any close relative in India to carry out the task on her behalf by executing a power of attorney deed from the country of her residence duly notarised by a notary public of that country or attested by an official of the Indian embassy of that country.
Her power agent can execute the registered partition deed on her behalf after getting the POA deed adjudicated before the concerned sub-registrar in India.
The time taken depends on how fast the things are hastened up from all the quarters and you are making the relevant documents ready for execution of the proposed/desired registered partition deed.
Yes he can sign through poa
Dear Sir/s : Thanks for wonderful support being rendered …….. The follow up question is as below: Preface : 1) We have arrived the partition agreement among the 4 owners as a 3 dwelling unit as per the shares and as per the selling or retaining options of the owners as below a. D2.2.1 >> 1/6 of share >> 1 dwelling unit >> will be retaining b. D2.2.2 >> 1/6 of share>> 1 dwelling unit >> will be retaining The below two owners portions will be combined as 1 dwelling unit of 4/6 of the share and will be sold to a third party buyer. c. C2.[deleted]/6 of share d. D 2.4.1 - 2/6 of share Question 2) As discussed owner D.2.4.1 is in abroad . If buyer is identified, Pls confirm a. Whether in one go ( deed) , the partition and sale can be executed combinedly with all the above 5 PARTIES ie 4 owners (D2.2.1, D2.2.2, C2.3, D.2.4.1 ) AND NEW BUYER ? b. Or Partition deed needs to be executed first, waiting time for partition deed to be processed by sub registrar office and handed over to individual 4 owners (D2.2.1, D2.2.2, C2.3, D.2.4.1) and then only owners C.2.3 and D2.4.1 can process the sale deed and then sale deed can be executed ? i. If it is as per s no 2.b, then tentatively how much minimum time it may require for ie waiting time for partition deed to be processed by sub registrar office and handed over to individuals? Because, she (the abroad owner) can plan her duration of the visit from abroad to India accordingly 3) Whether the abroad owner can give POA to relative a. only for the partition deed execution alone b. but not for sale deed execution like that? ;
Daughter can execute Specific POA in favour of family member to execute partition deed on her behalf
2) POA should be attested before Indian consulate
3) for sale of property also POA can be executed
2. a. The partition deed has to be registered in favor of the shareholders first in order to enable them to become title holder to their respective share in the property.
After that the shareholder who is desirous of selling his/her share in the property can proceed with the execution of the registered sale deed in favor of the prospective buyer.
b. Read the above answer.
The time taken for registration and getting back the registered documents from the registrar is a local subject, this you may have to enquire from the local document writer who would be helping and guiding you to complete this process.
3. The owner or the shareholder who is residing in abroad can give as power of attorney deed in favor of any relative back in India for all the deeds/tasks she may desire to have them completed through this power holder by a single POA document itself.
If she want to give the POA deed only for executing the partition alone, it is her decision, she can do so without any compulsion.