partition in hindu joint family
4 years ago
Background:
(a) 4 real brothers setup a real estate “JOINT BUSINESS”.
(b) Three of the brothers (“OTHER BROTHERS”) have kids with at least one son. The fourth brother (let us call him “BROTHER X ”) has no sons, but 5 daughters. BROTHER X falls ill and subsequently passes away in the year 2002.
(c) OTHER BROTHERS have now retired and the JOINT BUSINESS is now managed by the next generation (i.e. the sons of the OTHER BROTHERS).
(d) After BROTHER X’s death, his spouse is not getting any income from the JOINT BUSINESS.
(e) Understanding of ownership and share, is NOT documented in writing through any legal documentation.
Please advise:
1. Does BROTHER X’s spouse or married daughters have any legal right of ownership of JOINT BUSINESS OR on ASSETS of the JOINT BUSINESS OR on income from the JOINT BUSINESS?
2. If the answer to either (a) or (b) above is YES, please indicate what actions need to be undertaken by the surviving members of BROTHER X’s family (i.e by his spouse and married daughters) to obtain their legal entitlement.
Please see the following provisions in respect of division of property.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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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.
Thanks.
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