• The Hindu Succession (Amendment) Act 2005

Hello

The Property is question was bought by my grandfather in Ajmer, Rajasthan in 1956.
He passed away  in 2003 without writing a will.
He has 3 sons (all alive) and 2 daughters (1 alive, 1 passed away in 2006). My father is the eldest son and younger only to his sister. All the brothers are in favour of partitioning the property in 3 parts amongst them selves.

Question is:
1. Whether the daughters have any right on this property?
2. Is there a Declaration or NOC required from the daughters to execute the partition between the 3 brothers? 

Please Note: One of the daughters is not alive and is survived only by her children who are now adults and independent)
Asked 10 months ago in Property Law from Ajmer, Rajasthan
Religion: Hindu
1) it is your grand father self acquired property 

2) on his demise sons and daughters have one fifth share in property . i presume grand mother predeceased grand father 

3) daughters have to execute relinquishment deed  or gift deed for their share in property 

4) the share of predeceased daughter would devove on her children . they have to execute gift deed or R Deed 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
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1. As he passed away intestate the succession opened in favour of all his heirs i.e his widow and children including daughters on his demise. In short, the share of daughters is equal to the share of sons. The share of deceased daughter has devolved on her heirs i.e her husband and children. 

2. The sister and, in case of deceased sister, her heirs, are required to join as parties to the partition deed unless they execute a relinquishment deed in favour of the sons.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Question is:
1. Whether the daughters have any right on this property?
This is a self acquired property of your grandfather who died intestate.  Therefore as per the provisions of Hindu Succession act, 1956, the daughters are also entitled to an equal share in their father's property left behind by him upon his intestate death.



2. Is there a Declaration or NOC required from the daughters to execute the partition between the 3 brothers? 
The daughters can relinquish their rights in the property by executing a registered release deed in favor of other share holders.  This will enable the other three share holders to acquire the property and share the same among them as per their own terms in an agreed and amicable manner.




Please Note: One of the daughters is not alive and is survived only by her children who are now adults and independent)

The legal heirs of the deceased daughter  are entitled to her share in there property and if they would like to execute a joint registered release deed in favor of the other share holders, this will be legally valid fort the others to acquire and enjoy the properties.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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1. Since it is the self acquired property of their father the daughters have equal share in the property along with the brothers.
2. NOC will not do. Te daughters will have to execute deed of gift gift of relinquishment which requires registration on payment of stamp duty and registration fees.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
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1) court fees depend upon market value of property . 

2) it is not necessary that you will get to retain part of land wherein your parents are currently staying 

3) court will partition land and house constructed by metes and bounds 

4) please note that  partition suit will take years to be disposed of 

5) better arrive at an amicable settlement within family . you will save on litigation costs 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1.	“What will the Court Fees if we present this kind of claim?”
Forget about the court fee to be paid, ascertain whether you can achieve success in your claim.  In a partition suit, the court will decree the division considering good and bad soil only and it may not favor the claim put forth by one side without a compromise arrangement or agreement with the other side. If a dwelling unit cannot be partitioned the court may decree the auction of the same and divide the consideration amount among the share holders.
The court fee varies from one state to another, hence the same may be enquired locally.



2.	“How can we ensure that we get to retain this part where my Parents are staying currently?”
There is no law favoring your claim until there is a mutual and compromised settlement among the parties to the litigation.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
In your case your fathers sisters got equal share in their father's property. A relinquishment deed (Release deed) is enough for relinquishment their rights in the property. If any of the sibling is not alive then her legal heirs has right over the property.

Amicable settlement within family is good  than a partition suit. The court fee is only 300 but the execution of document after the decree you have to pay the amount of registration fee as per market value of property.The court will decreed the shares of the property by meets and bounds basis.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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There is no court fee. Your father can file a lawsuit to restrain the other heirs from dispossessing him. If he is dispossessed it will be a long drawn battle to recover the possession.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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