My late father passed away in 2013 , Leaving behind his wife(widow), 3 sons, 1 daughter (total 5 legal heirs) We are hindu family ,belongs to utter pradesh, distt- moradabad . My father owned following two type of properties Type A) - one house and one workshop(my grandfather property) which he got through a Partition suit in the year 1984 against his brothers(my tau ji) and his father (my grand father) And my grandfather got this property from his father (my great grandfather) . And how this property came to my great grand father not known may be through oral partition, however it was British government period even from my grandfather time and he was Honourery magistrate. In earlier time there was no work shop, it was in the form of a garden (Bageeche). Later on my father with tau ji developed in the form of workshop to manufacture small agriculture equipments. Same way house was in the form of haveli/koti and might have come to my grandfather from his ancestors through oral partition. How you will see these properties. Type B) - one house he purchased jointly with my tau ji, from their own earnings later on my tau ji given his half share to my father through an unregistered will, making my father owner of full house. Please give your legal opinion on the following points with explanation Point 1) - How these properties will devolve, if there is no wil made by my late father. whether this whole property (typeA & B, as mentioned above) will devolve on his widow (my mother) ONLY Or it will devolve simultaneously equally on all (5) legal heirs, his widow, 3 sons(married) and 1 daughter (married) thus creating 1/5 th equal share right in this undivided property simultaneously for all legal heirs in its individual capacity. Please clarify considering the nature of property and it is located in U. P. dist- moradabad Point 2) - whether can my late father write a will for property type A which he inherited from my grandfather through partition suit, in favour of my younger brother and my mother (his widow) Or he can make will only for his 1/5 th share of property not for total property? Point 3) - Can my mother or any legal heir can will, gift or sell their undivided share to anyone without getting legally declaration for their respective shares from court if yes then how it can be done? Point 4) - I want to sell my share after getting seperate clear title,Can I file partition suit as My younger brother and mother not allowing me to sell. I came to know that since my mother is alive and senior citizen 70 year old and has got intrest in the property being class 1 legal heir so during her life I can not claim partition. Point 5) - see the admisiblity of partition suit considering followings a) type and nature of property b) mother roll being senior citizen as she is not in favour of partition during her lifetime c) any limitation act, time clause d) presently all properties are in possession of my younger brother.
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On father demise property would devolve on 5 legal heirs equally
2) once partition has been done it ceases to be ancestral property and father can bequeath it to whom so ever he pleases
3) mother or other legal heir can bequeath one fifth share in property by will or gift or sell it
4) you can file suit for partition for division of property by metes and bounds
It will devolve between mother and other children equally if there is no will.
Yes as now the same is self acquired after partition
Yes they can sell gift etc their undivided share without any ones consent
Yes you can file partition suit as well as sell your undivided share too.
You can still file only issue will be possession which you will get only through court.
1. The properties left behind by yor father was his own and absolute properties.
Upon his intestate death the properties shall devolve equally on all his legal heirs that his wife and children.Thus all the legal heirs are entitled to one fifth share in the properties.
2. Yes, he can very well bequeath his properties by Will to the persons of his choice, it is not ancestral property.
3. Yes, the legal heir or successor in interest can very well transfer their undivided share in the property in favor of any person of their choice and they do not need to obtain consent or permission from other legal heirs for this purpose.
4. You can very well file a suit for partition to claim yor share and separate possession of the same provided if they are not willing to go for an amicable;e partition.
5. a) It is your father's own and absolute property.
b) She cannot deprive your rights in the property.
c) No limitation for filing a partition suit.
d) You can obtain an order of injunction against him along with the partition suit.
This is in continuation of my query as suggested by you for filing partition suit, please clarify following points- 1) - for type A property (my grand father property) which my father got through a partition suit in this regard I had a certified copy of judgement only I don't have any documents how my grandfather got this property it is very old british government time. As for partition suite property title (owner) papers would be required. 2) - some one told me that there is 12 years of period for filing partition suite, is it so? 3) - I have legal certificate, but it was told that a sucession certificate is required in regards of immovable property. How it different? 4) - my younger brother who is in possession of property used to tell he has a will of my late father or a document (will Or affidevid) from my alive mother declaring property in his favour.But never shown. Whether any written statement of my alive mother in regards of property transfer is valid. What is the solution in such situation to get self share of property.
You can rely upon court judgment to file partition suit
2) obtained certified copy of documents of title from sub registrar office
3) succession certificate is only for movable debts and securities and not immovable property
4) you can issue legal notice to brother to furnish copy of will
1. If your father had acquired this proeprty by a registered partition deed, then that deed would serve as title document to the title holder, you don't have to go beyond that if there are no other document to support his title.
2. There is no limitation to file a suit for partition.
3. Succession certificate is not required for immovable property, the legal heirship certificate would be sufficient.
4. You do not have to consider his statement, you have to concentrate ion your relief alone.
You can file a suit for partition, let him explain the couirt about the Will or his claim, the court will ascertain the facts after hearing both the sides.