A & B Were the Brothers.They owned 10 acres of Agricultural Land which was inherited from their Father .After the death their father, they had divided their 10 Acres of Land by partition deed on 5-02-1957.By virtue of the partition deed, A had got 5 acres of Land. A had died on25-07-1972 leaving behind 4 sons and 6 Daughter. Wife of Mr A was also expired on 25-10-2009.The legal heirs of A is as under.
1 Mrs C is the daughter aged 75 years who was married and also expired on 23-05-2010.
2.Mr D is the son aged 70 years.
3.Mrs F is the daughter aged 68.Married during the year 1970.
4. Mr.G is the son aged 66.
5.Mrs.H is the daughter aged 64.Married during the year 1970.
6.Mr.I is the son aged 62.
7. Mr.J is the son aged 60 years.
8.Mrs K is the daughter aged 58.Married during the year 1976.
9 .Mrs L is the daughter aged 56.Married during the year 1985.
10.Mrs M is the daughter aged 56.Married during the year 1990.
The 5 acres of land which Mr A has left behind is not yet divided among Mrs C to M.The income from the above property is at present enjoyed by Mr D,G,I,J only and not shared to any of the above daughters except marriage expenses of Mrs K,L &M
Please inform me whether Mrs K,L and M have right for partition and can file suit for partition of the above said property
All the above are in Tamil Nadu
Asked in Property Law from HOSUR, Tamil Nadu
1) on demise of A and his wife 4 sons and 6 daughters have equal share in the property
2) K , L , M being daughters of A can file suit for partition to claim their one tenth share in property
3) also seek an injunction restraining sale of 5 acres of land pending hearing and final disposal of suit
All the children of A have succeeded to the property if he died intestate, who have the right to file a suit for partition to cull out their share in the property and also to apportion the income from the property among all the heirs. The arrears of income can be recovered by K, L and M,
Upon the intestate death of a, the entire 5 acres of land standing on the name deceased A shall devolve equally upon all his legal heirs from 1 to 10 mentioned in your question. In that No.1, i.e., Mrs. C only has died, however her own legal heirs consisting of her husband (if alive), her children shall be entitled to inherit her 1/10th share in the 5 acres of property that had been left behind by A upon his intestate death.
First try for an amicable partition involving all the people entitled to their respective shares in the property, if this is not possible, the aggrieved party can approach court of law seeking partition and also can claim a share out of the mesne profits derived from the landed property.
Hi, as per law, once the partition is effected, the property obtained by a person in partition becomes an absolute property of the person who gets it in partition. This is a per hindu succession act enacted in 1956. By virtue of partition deed effected i 05-02-1957 and virtue of hindu succession act( an act which consolidates all previously existing property laws), the property obtained by A will be his
absolute property(not ancestral property) and all his legal heirs(including daughters) will be entitled to equal shares.
K, L and M can file for partition of property and also claim mesne profits(rents if any from date of filing of suit till decree).