Notarized partition deed Notarized partition deed

1 year ago

I am Bharath. I have a grand parent (sharadhamma) property in Bengaluru. As their father (sharadhamma's father ). Had done a notarized partition deed to distribute his property among his children's. But now sharadhamma is no more. And the property isn't registered. Sharadhamma have 4 children's. 1 girl (eldest) And 3 son's. I ( bharath) am the son of their 1st boy child. Now can I (bharath) get the property registered in my name. So that I'm entitled to sell it.

Anik

Responded 1 year ago

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A.Hello sir,
Yes, you can entitled of property registered in your name. But for sell you have to file a suit under sec 15 of hindi succession act for you entitled property.
Thank you
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Anik

Responded 1 year ago

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A.Hello sir,
Yes, you can entitled of property registered in your name. But for sell you have to file a suit under sec 15 of hindi succession act for sell you entitled property.
Thank you
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
U r entitled for a share as per Section 15 of Hindu Succession Act, which is given below and to that extent only u can claim by filing a partition suit. But u r not entitled to sell the property untill ur share is defined by the Court.

Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

Section 16 in The Hindu Succession Act, 1956
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
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