Advocate Jaison George

Questions Answered by Advocate Jaison George (25+ answers)

Q: Family Property Dispute and Legal Advice Needed

My father passed away 2.5 years ago, leaving 4.23 acres of land without a will. Before his death, he had already transferred around 7.5 acres of land solely to my brother without our knowledge. We are a Christian family — my mother, elder brother, elder sister, and I. My brother now refuses to partition the remaining property and keeps the entire income from the leased land (around ₹4 lakhs per year from pineapple cultivation). What legal options do we have to claim our rightful share in the pro

Advocate Jaison George answered
As per Indian law, when a Christian dies intestate (without a will), the Indian Succession Act, 1925 applies. The property is inherited equally among the widow, sons, and daughters, after funeral debts and expenses are settled. For your father’s remaining 4.23 acres, your mother, brother, sister, and yourself are each entitled to one-fourth of the property and its income.Legal Clauses and RemediesSection 33, Indian Succession Act, 1925: In the absence of a will, the property is divided equally among the widow and children.Right to Partition: Each legal heir (mother, brother, sister, and you) has a right to demand partition. If your brother refuses, you can file a suit for partition in the district civil court to divide and claim your share of the property.Mesne Profits: Under Section 2(12) of the Civil Procedure Code (CPC), you can seek a share of profits earned from the property (pineapple cultivation rents) since your brother is in exclusive possession.If the earlier transfer (7.5 acres) was made fraudulently or without due process, you may challenge that transfer in court, alleging undue influence or lack of proper execution. Consult a civil lawyer to initiate proceedings for partition and claim mesne profits.