Apply for letters of administration from district court as grand mother died intestate
2) enclose death certificate of deceased grand mother
3) court fees is state subject and varies from state to state
Family cannot affort declaration suit in since grandmother passed away without a registered will
HI Team, Asking for a friend. His grandmother passed away leaving behind ~ 7cr worth of property in telangana. She has 5 sons out of which 3 has passed away and 2 are alive. Now to get his share of property lawyer suggested he has to file a declaration suit in court to get ownership and has to pay 3/4 of market value for the same as per telangana rules . They do have a partition deed written and signed in presence of family elders but was not registered since one of his uncle hid the property papers and would always wantedly delay registration. Now except the uncle none of them are in a position to bear the expenses of the declaration suit especially . So what are their options do they have to lose hope on the property or they have to lose hopes
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
Suit for declaration is not at all necessary and it is useless and expensive exercise. He need to file a suit for partition and separate possession and needs to pay only nominal Court fee but the has to pay the Advocate his fee. A suit for declaration is filed where a party has doubt of his title. Here there is no doubt of title of you friend. Issue lawyer’s notice seeking partition and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share.
1. If the unregistered partition deed contains signatures of all children of grandmother, then if all the legal heirs agree ( for deceased persons, their legal heirs ), then the same can be unofficially adopted by having a fresh Family Settlement Deed.
2. It's true that whoever wants partition, declaration and separate possession of the property by metes and bounds, has to pay certain prescribed value of the property and hence the above (1) Family Settlement Deed is suggested.
Dear Sir/Ma'am,
1. you will not need a declaration suit. the court can reject the suit if there have been alternate remedies and the same has not been exercised.
2. He can contact a lawyer and file a suit for partition and separate possession. this will include only a nominal fee.
3. he also has the option to file for a letter of administration, stating grandmother passed away intestate; i.e., without leaving behind a will. he can file for the same in a court of competent jurisdiction.
Thank You
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Declaration suit is not necessary.
The legal heirs can amicably partition the property by drawing a partition deed and get it registered.
If anyone is objeting or not cooperating then the others can file a suit for partition.
There is no necessity to file a declaration suit to declare the title.
The court fee for filing the partition suit is hardly any amount, hence you better change the lawyer and engage any other genuine lawyer and file a suit for partition seeking division of properties by metes and bounds and with separate possession of his/her legitimate share in the property.
- As per law, after the death of grandmother intestate , her property would be devolved upon all her legal heirs equally i.e. all sons if there is no daughter
- Further , if there is no dispute then they can enter into a partition deed/family settlement amicably after mentioning the shares
- Further for filing declaration suit only lawyers fee is required.
- There is no need of declaration suit.
Declaration suit is last remedy.
Also he will challenge it and then court can reject the declaration suit because there are alternate remedies.
- Usually all the legal heirs partition the property by registering partition deed.But in this case he is not ready for that and will not cooperate.
So Remaining others can file partition suit.
partition suit have nominal fees so get a good lawyer.
1. I have reservation in accepting that 3/4th of the market value of the property shall have to be pads towards Court Fee for filing declaration suit. In fact you shall have to file a Partition Suit. Buy a Gupta's Legal Diary at your place to ascertain the amount to be paid towards Court fee for filing the partition suit.
2. It will be prudent on your part to negotiate with all the legal heirs of your grandmother to amicably register a partition deed in connection with her said properties avoiding any Court case.
1. Partition deed which is unregistered has no legal validity and does not become a charter of rights.
2. It is not clear whether the father of your friend is alive or not. If he is alive then during his lifetime his son (your friend) has no share in the property, consequently he has no cause of action to file a suit for declaration and partition. However, if his father has passed away then share of his father has devolved on his Class 1 heirs (widow and children). So he can file the suit.
3. The court fee has to be paid. There is no alternative.
They may get the partition deed registered now.
It will involve a very minimal registration fee.
Dear Sir
Such property may devolved under section 15 of succession act among her legal heirs.
