Property inheritance from a relative
My Great grand father say "X"(had no kids) who is passes away 20 years back has a will recorded stating 50% of his property goes to his co brother say "Z" who also was X's business partner with full rights of disposition of the property and another 50% to his daughter say "A"(not adapted by X but looked after since birth) & grandson say "B"(no adpoted by X & 1st son of A who is taking care of X from 40 years) with a condition saying that until X's wife(say "Y") is alive, property cannot be sold by A and B, after her(Y) death everyone has full rights to dispose the property. This year Z
passed away but A passed away 13 years back.
Info: No partition boundries were definied or stated in X will. Original papers of complete property is with Z. I am B's son. And we are not in good terms with Z. And A has 3 sons and B is the first son.
i)Does this mean that 50% share which was written for A and B goes completely to B according to Indian success act 106 As A passed away before she got the rights? Or will A still get the ownership and goes onto her kids?
ii)Partition deed was done 5 years back by Z, stating 50% goes to Z and another 50% to Y along with new boundries. Is this valid?
iii)What the steps required for B to acquire his portion of the property?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) it is necessary to peruse the various clauses in will to advise
2) beneficiary A has not predeceased the testator X . Under section 106 of Indian succession act only if Abhadvpredeceased X then Z would have inherited While property
3) on X demise Y had only life interest in the property and on her demise Z and A would be absolute owners of property
4) on A demise her legal heirs would inherit the property
5) B should file suit for partition to claim his share in property
Thanks Ajay sir. There is small but important mistake. Z has not passed away but Y has passed away this year. Agree, Y had life interest over the property.
iv)So now A and B are 50% owners? Since A is passed away, will 25% share go to her 3 sons equally. So then B being son for A, will 25% from X directly and another 8% from A? Is this right?
v)What all B has to do to get his share. ex: katha tranfer? what else is required. please share procedures
Asked 2 years ago
1) on Y demise property would devolve on the legatees as per X will
2) as advised earlier it is necessary to peruse the will to advise
3) on Y demise grandson B would inherit as per X will 25 per cent share directly
4) B would also inherit A share as her son along with his siblings
5) It is better that probate be obtained of will of X and mutation done in nane of legal heirs on basis of probate
Here the will is valid up to challenge the same by any one and the property can divided as per will. So A and B have absolute ownership in 50% of land. The area mention in the will is enough for partition if the property is identifiable. The property can divided only after the death of Y. After the death of A, the A’s share divided equally in her legal heirs. So B has obtained share from A and also from X which already allotted in will
The creation of partition deed is only valid if it is created only after the death of Y. Even though as per your query you mention that ("Z" who also was X's business partner with full rights of disposition of the property), it means Z can make a deed upon his property.
File a partition suit for getting the share .
1. The share of A would devolve on her heirs i.e husband and children after the lifetime of X's wife i,e Y.
2. The share of B has devolved on his widow and children after his demise.
3. The partition deed seems to be illegal as it defeats the share of B's heirs, who can challenge it through a suit for declaration in the civil court.
The life interest of Y ceased to exist after her demise and it paved way for inheritance to crystallize into absolute rights in favour of the beneficiaries. B's heirs have to file a suit for partition and declaration of the partition deed as illegal.