No. Even if your uncle challenge WILL even then share of your father remain intact. Since property which seem to be undivided then they can object to bequeathing of undivided property. It is correct that uncles are not your class-1 legal heir.
Partition deed
Hello, My father gave a property to me via registered Will deed. (His share of inherited Property) My father passed away. Accordingly the property got mutated to my name. I got the patta and passbook. Now can my uncles re partition the property since they are not my legal heirs. They are disregarding the will. I have a daughter.
Asked 10 months ago in Property Law
Religion: Hindu
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11 Answers
On father demise you are absolute owner of your father share in property
2) your uncle have no share as father bequeathed property to you by will
3) they cannot re partition the property
- Since, your father has given you the property which was in his share in the ancestral property , and hence the said uncle cannot take any share into the same.
- Further, if the ancestral property was already divided during the life time of your father , then after his demise your uncle cannot re-partition the property as per his own will and without getting a court order.
∆nswer to your question : A registered Will is a legally binding document that governs the distribution of a deceased person's assets according to their wishes. If the property was legally transferred to you through a registered Will and subsequently mutated to your name, it suggests that the transfer was done in accordance with your father's intentions, and it is as per the legal requirements of transfer of property.
If your uncles are challenging the validity of the Will or attempting to re-partition the property, you may need to consult with an attorney and file a civil suit for declaration of title with permanent injunction and get the property decreed in your favour .
As you inherited your father's share of his inherited property by means of his Will, your uncles do not have any legal claim. You shall be solely entitled to it.
Dear Client,
No, your uncles cannot re-partition the property since they are not your legal heirs. A will is a legal document that specifies how a person's property should be distributed after their death. If your father's will bequeathed the property to you, then that is the law. Your uncles cannot contest the will unless they can prove that it was forged or that your father was not of sound mind when he signed it.
The fact that you have a daughter does not affect your right to the property. Under the Hindu Succession Act, 1956, daughters have equal rights to property as sons. This means that your daughter will also inherit a share of the property, but that share will come after your share.
If your uncles are still trying to re-partition the property, you should consult with a lawyer. They can help you to enforce the terms of your father's will and protect your rights to the property.
Get the WILL certified by the Court.
If the property was inherited by your father as his share in the partition among his siblings then it becomes his self acquired property.
Your paternal uncles cannot demand re partition of the property at this stage.
You can proceed to enforce the Will.
NO. neither they have any share even if there was no Will.
As per the information provided, it appears that your father gave his share of an inherited property to you through a valid registered Will deed. Subsequently, the property was mutated into your name, and you have obtained patta and passbook for the property.
If the property was gifted to you through a registered Will, then the disposition of the property will be governed by the provisions of the Indian Succession Act, 1925. Section 63 of the Indian Succession Act states that any property which is bequeathed by a Will takes effect upon the death of the testator. Therefore, upon your father's death, the gift of the property through the Will will become operational.
If the property has already been mutated in your name and you have obtained the necessary documents and records, it would be difficult for your uncles to challenge the mutation or seek re-partition of the property. However, it is important to consult with a lawyer and thoroughly review the terms of the Will to ensure that all legal aspects have been properly followed.
In case your uncles challenge the validity of the Will or your right to the property, you may need to approach a civil court to seek a declaration of your rights and protection of your interests. The specific jurisdiction of the court will depend on the location of the property.
You need to contest the suit and prove your will to be genuine
