• Civil

Mr z is a person who dies . Now z has two sons X and Y both die . 
X has one son A who dies who has one son B . 

Now Y has 5 sons C ,D ,E,F,G . 
Question:- 
1. How property should be inherited among c,d,e,f,g and b? Suppose there is 100rs how much each get ?

2. If b ,c ,d,e,f,g does unregistered partition of property is it valid in eye of law if legal heir of them has not signed suppose g dies and son and daughter have not signed only wife of g has signed ?
Asked 1 year ago in Civil Law

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14 Answers

1) on x demise his share would devolve on his wife and A .on A demise it would devolve on his legal heirs ie wife and B 

 

2) on Y demise his 50 per cent share would devolve on his wife and 5 children 

 

3) deed of partition is not valid as it has to be signed by all legal heirs 

Ajay Sethi
Advocate, Mumbai
95423 Answers
7646 Consultations

5.0 on 5.0

  1. According to the Hindu Succession Act, 1956, the property of a deceased person is inherited by his legal heirs. In this case, Mr. Z's property would be inherited equally by his two sons, X and Y. However, since both X and Y are deceased, their respective shares in the property would be inherited by their legal heirs. X had one son, A, who is also deceased, but had a son named B. Y had five sons, named C, D, E, F, and G. Therefore, the property would be divided equally among B, C, D, E, F, and G, with each person entitled to a share of 100/6 = 16.67 (rounded off) rupees.

  2. Any partition of immovable property must be made by a registered partition deed. The partition deed must be signed by all legal heirs, and each of them must receive their respective share of the property. If any legal heir does not consent to the partition, they can challenge it in court. If the partition does not follow these legal requirements, it may be considered invalid. Therefore, an unregistered partition of property without the consent of all legal heirs would not be considered valid in the eyes of the law. If any legal heir, such as the son or daughter of G, has not signed the partition agreement, it could be challenged in court, and the partition may be considered invalid.

Utkarsh Singh
Advocate, Noida
3 Answers

Not rated

The property originally belonging to Z is divided into two equal parts (if they are assumed to be Hindus by religion), then the X' share shall devolve on his own heirs i.e., A, and A' share devolves on B; this is one part.

Y's share devolves on his own heirs namely c,d,e,f,and g.

Thus in the oral partition or a registered partition B shall be entitled to 50% share and the other 50% share shall be acquired by Y' legal heirs.

 

T Kalaiselvan
Advocate, Vellore
85621 Answers
2257 Consultations

5.0 on 5.0

Only two branches "X" and "Y" grew out of Z. Half property of Z (Rs.50) will devolve on A, after his death B will take his full share, that is half property of Z. Remaining half share (Rs. 50) will devolve on C,D,E,F and G.. Each will take Rs. 10. 

Ravi Shinde
Advocate, Hyderabad
4081 Answers
42 Consultations

5.0 on 5.0

Hello, 

  1. In the absence of a Will, B will inherit Rs.50 and c,d,e,f,g will inherit 50 which has to be equally divided. 
  2. For the partition Deed to be valid all stakeholders have to sign, else it can be disputed later by the aggrieved pary.
  3.  

S J Mathew
Advocate, Mumbai
3573 Answers
175 Consultations

5.0 on 5.0

Dear client , 

The property of Mr. Z will be inherited by his legal heirs according to the Indian Succession Act, 1925. Since X and Y both died before Mr. Z, their share of the property will pass on to their legal heirs.

In this case, X has one son A, who has died, leaving behind his son B. So, B will inherit the share of his father X.

Y has 5 sons C, D, E, F, G. Since Y died before Mr. Z, his share of the property will pass on to his legal heirs. In this case, the legal heirs of Y are his sons C, D, E, F, G.

Therefore, the property will be divided into 6 equal shares (1 share for each legal heir) and B, C, D, E, F, and G will each inherit 1/6th of the property.

Each legal heir will inherit 1/6th of the property. So, in this case, B, C, D, E, F, and G will each inherit Rs. 16.67 (100/6).

An unregistered partition of property among legal heirs may be considered valid if it is done with mutual consent and the shares are defined clearly. However, it is always advisable to get the partition deed registered to avoid any future disputes. If any legal heir has not signed the partition deed, their share may not be affected, and they may still be entitled to their share of the property as per the legal inheritance rules. Therefore, it is important to ensure that all legal heirs sign the partition deed to avoid any future disputes.

 



Anik Miu
Advocate, Bangalore
9350 Answers
112 Consultations

4.9 on 5.0

The property of father will be equally divided to children if he has no will

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

Just file partition suit you will get to know everything 

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

50% to B and rest 50% between cdefg.

Oral partition is valid but if it is reduced in writing then has to be register. Further even if it is register than also will not be binding on the Son and daughter of g.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22771 Answers
31 Consultations

4.4 on 5.0

- As per law, after the demise of Mr Z , his property would be devolved upon all his legal heirs equally i.e. X and Y will have equal share in the property in the absence of his mother 

- Further, after the demise of X , his son A was having right to claim 50% share in the property , and further his demise his son B having same right in the property left by the Z.

- Further , similarly the sons of Y i.e. C,D,E,F,G can claim equal share in the 50% share of Y , i.e. they will have 1/5 th share of the half of the property left by Z. 

 

Mohammed Shahzad
Advocate, Delhi
13694 Answers
207 Consultations

5.0 on 5.0

1) deed of rectification has to be executed by donor to rectify mistake in gift deed 

 

2) if donor is dead his legal heirs can execute deed of rectification 

 

3) of X has taken illegal possession file poluce complaint t of criminal trespass u der section 441 of IPC 

 

4) file suit for eviction of trespasser 

Ajay Sethi
Advocate, Mumbai
95423 Answers
7646 Consultations

5.0 on 5.0

If there is a registered gift deed it becomes a self acquired property you need to verify the same whether it’s a ancestral or self acquired as law will change 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

The khata is not the title document, if the gift deed's schedule of property tallies with the parent deed's schedule of property, then the different khata number mentioned  in the khata may be an error which needs to be rectified, if the executor of the gift deed is not alive then the rectification deed can be executed by the legal heirs, if the legal heirs are not available or refuse to execute the reification deed, then you can approach court with a suit for specific relief to get a rectification deed executed through court. 

If an authorised person is occupying the property then a criminal complaint for criminal trespass be made and get him evicted from the property through criminal case besides a suit for ejectment can be filed to eject the unauthorised person from the property.

 

T Kalaiselvan
Advocate, Vellore
85621 Answers
2257 Consultations

5.0 on 5.0

Dear client,  

If the khata number is wrongly mentioned in the gift deed, it could potentially create confusion and disputes related to the ownership of the property. However, it would depend on how the property is described in the gift deed, and whether it is clear from the document which specific plot was intended to be gifted to your grandfather.

Regarding the grandson of X who has taken illegal possession of the property, you can file a case of eviction against him in the appropriate court. You would need to provide evidence to prove your ownership of the property, such as the registered gift deed and any other relevant documents.

Regarding the donation made by the son of X to the school, if the plot of land donated was legally owned by him, it would be difficult to demolish the school. However, if the donation was made illegally or if the land was not owned by him, you may be able to take legal action to reclaim the property. You should consult with a lawyer to discuss your options and the specific details of your case.

Anik Miu
Advocate, Bangalore
9350 Answers
112 Consultations

4.9 on 5.0

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