How will Hindu succession work in this case?

[User_60a164ae]

U

User_60a164ae
PARTICIPANT
March 2, 2025 at 5:16 am

Mr. A and Mrs. B are two names on a property agreement of Mumbai circa 1981. Both are Bhai and Bhabhi in relation and entire amount was paid by Mr. A (proved and agreed in court)

Possession is with Mrs. B’s family since circa 1981 or since day 1 of the property possession.

Both Mr. A and Mrs. B die in 1992 and Mr. A’s son files for 100% ownership (ignore this case)

Question 1: What does our law say here, how does ownership transfer in this case? Common sense says both sons of Mr. A and Mrs. B are 50-50% owners. Only 1 son each with Mr. A and Mrs. B.

Question 2: If Mr. A’s son want the 50% amount, what is the way to get it? My understanding is Mrs. B’s son can pay circle rate from his pocket but he’s neither willing that nor willing to sell it and distribute.

Share

[Swiftgirish7560]

S

Swiftgirish7560
PARTICIPANT
March 2, 2025 at 5:31 am

Who paid doesn’t matter, property will be divided 50:50 in spouse or children from both sides generally. If one wants money, it depends on their agreed amount. Court might go for circle rate amount but the other party would dispute and the case will take a long time in court.

Share

[User_9e5e24f0]

U

User_9e5e24f0
PARTICIPANT
March 2, 2025 at 6:12 am

1. First you need to see how much share did Mr A and Mrs B had in that property was it 50-50 or other.

2. After the death of original owners the legal heirs of Mr A and Mrs B have right over that property. Legal heirs could be spouse or child (including daughters).

3. The best way forward is to settle amicabley with the other party so as to reach an agreement.

4. If the other party refuses to settle then one can file for partition deed in the district court so is to get their respective share.

5. Circle rates are usually lower than the market rates. It is not advisable for Mr A’s son to go for Circle rate

Share

[User_60a164ae]

U

User_60a164ae
OP
March 2, 2025 at 6:15 am

There’s nothing mentioned on the percentage of ownership hence I wrote 50-50% is my understanding.

Also, Partition deed will not execute/work in this case because both parties are at dispute and naturally claiming 100% ownership. Thanks for trying to help 👍

Share

[User_9e5e24f0]

U

User_9e5e24f0
PARTICIPANT
March 2, 2025 at 6:18 am

And both the parties are claiming 100% ownership then why did you ask how can Mr A son get 50% of amount? If the registered sale deed has names of both the parties, no one can claim 100% ownership. Is the other party going with the argument of adverse possession?

Share

[User_60a164ae]

U

User_60a164ae
OP
March 2, 2025 at 6:50 am

I asked because I am the sane grandson of Mr. A who understands a little bit of law. Also, no to the other question.

Share

[User_9e5e24f0]

U

User_9e5e24f0
PARTICIPANT
March 2, 2025 at 6:55 am

Then you know how much right you have over the property. Discuss with your father to go for partition deed if other party is not cooperating. Why unnecessary claiming 100% ownership which you will not get anyhow.

Share

[Author]

Posts