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In what proportion property should be distributed ?
31-Oct-2023 (In Property Law)
I am a 35 years old man.my mother died when i was 3 years old .my father had second marriage and from his second marriage he have 2 daughter. I have bought up by my grandfather and grand mother.my father always neglected me.he contributed nothing as a father.ow my grandfather died 11 years ago since then my grandmother and me stayed together. My granother died 6 month ago. My grandmother gave me 2 kattha land which was in his name. My grandfather left behind huge property . out of which one property have been sold by my father and my uncles in what proportion i can get property from my father
Inheritance under Hindu law is possible either through WILL or through operation of law. Property of a Hindu male dying intestate (without will) is distributed among his heirs in accordance with the section 8 and 9 of The Hindu Succession Act, 1956.
In legal terms, the son, daughter, wife and mother are all called Class-I heirs and the money would be shared equally among them. Here the son and the daughter are assumed to be adults and not minors. If they are minors, then their amount of the property would be held by their mother until they are 18.
As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Once a dispute arise or members of joint Hindu Family feels that there is requirement of distribution of inherited property then following legal recourses can be helpful and one should have basic information in this area : -
1) Have a family arrangement within legal heirs deed (though an oral and written arrangement) is acceptable but preferably have a written arrangement and get it registered.
2)Alternatively a partition deed within legal heirs can also be prepared in the same manner.
3) Deeds should be prepared by a competent lawyer having adequate experience and exposure to Hindu Law.
4) Carry a mutation proceeding on the basis of partition/ settlement deed before Tehsildar (executive magistrate) in case of agricultural property and before Municipal authorities in case of urban property. ‘Mutation’ means the change of name in Govt. Records.
5) Mutation can also take place on the basis of death certificate of the intestate supported by an affidavit of the legal heirs for the same but remember that mutation cannot be the sole basis of transfer of title. Order of mutation can be challenged in civil court.
6) In the case of disputes among legal heirs on inherited property then a civil suit of partition and possession can be filed under code of civil procedure praying the court to declare the portion of inherited property in favor of petitioner and the trial begins thereafter. Once the court passes a decree of partition then accordingly mutation can take place.
7) So, it can be said basically, inheritance under Hindu Law revolves around Hindu Succession Act, Hindu Law, state’s land revenue code, Municipal Act, stamp & registration, Civil Procedure Code etc.
In legal terms, the son, daughter, wife and mother are all called Class-I heirs and the money would be shared equally among them. Here the son and the daughter are assumed to be adults and not minors. If they are minors, then their amount of the property would be held by their mother until they are 18.
As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Once a dispute arise or members of joint Hindu Family feels that there is requirement of distribution of inherited property then following legal recourses can be helpful and one should have basic information in this area : -
1) Have a family arrangement within legal heirs deed (though an oral and written arrangement) is acceptable but preferably have a written arrangement and get it registered.
2)Alternatively a partition deed within legal heirs can also be prepared in the same manner.
3) Deeds should be prepared by a competent lawyer having adequate experience and exposure to Hindu Law.
4) Carry a mutation proceeding on the basis of partition/ settlement deed before Tehsildar (executive magistrate) in case of agricultural property and before Municipal authorities in case of urban property. ‘Mutation’ means the change of name in Govt. Records.
5) Mutation can also take place on the basis of death certificate of the intestate supported by an affidavit of the legal heirs for the same but remember that mutation cannot be the sole basis of transfer of title. Order of mutation can be challenged in civil court.
6) In the case of disputes among legal heirs on inherited property then a civil suit of partition and possession can be filed under code of civil procedure praying the court to declare the portion of inherited property in favor of petitioner and the trial begins thereafter. Once the court passes a decree of partition then accordingly mutation can take place.
7) So, it can be said basically, inheritance under Hindu Law revolves around Hindu Succession Act, Hindu Law, state’s land revenue code, Municipal Act, stamp & registration, Civil Procedure Code etc.
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Adv. Upma Shrivastava
Delhi | 25+ Answers
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