Your understanding is correct .actually father has no share in deceased son property as he is not class 1 legal heir
2) it is not legally correct lease should never have been executed by father as one of legal heirs of son
Father share on the deceased son property
A married person Ganesh's Hindu family from Tamilnadu passed away in 1989 with out any WILL and he had a wife and 2 kids at the time Ganesh passed away. A legal heir certificate was obtained in 1989 for Ganesh. In the legal heir certificate, legal heirs are wife, 2 kids, father (Durai) and mother (Poon). So, a total of 5 legal heirs. Ganesh has a property. In 2009, Got patta's name was transferred to all legal heirs including the Ganes’s father Durai. In 2009, they gave a lease agreement to Indian Oil Corp to step up a petrol Pump on the above-mentioned property and the same was registered in the register office for 14 Years. In that lease deed, Ganesh’s father Durai also signed as one of the lessors. Durai passed away in the year of 2019 without WILL. In 2024, Ganesh's mother (poon) is still alive and gave a release deed to Ganesh's son mentioning that Durai passed away so, the property owners become only 4 (Ganesh's wife, 2 Sons and Mother(Poon) and her ¼ share will be released to Ganesh son. The property is not yet divided. My Questions: 1. Even though Durai got a share of property from his pre-deceased son, As Patta's name was transferred to Durai's name and in the 2009 lease deed Durai signed as one of the lessors, I hope, the share of property became Durai's self-earning property. If So, the Durai property dissolves into Durai legal heirs. Am I right? 2. If point 1 is valid, the mother (poon) share become 1/5. In that case, the released deed will not be valid / cancelled due to wrongly mentioning the share ¼ share. Am I right? 3. My Confusion is Father is NOT a class I legal heir, then How come Durai became the legal heir of the Ganesh and even Patta's name was transferred along with Durai and other legal heirs? Even the lease deed was done and Durai signed as Lessor. Is it legally correct?
Asked 3 months ago in Property Law
Religion: Hindu
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11 Answers
1. Durai was not a class I legal heir of his deceased son.
He might have managed the revenue department to obtain the legal heirship certificate accommodating himself as one of the legal heirs
During the presence of even one class I legal heir, the class II legal heir cannot claim any share in the property.
The patta transfer and lease agreement done by Durai is not legally valid and maintainable.
Therefore there is no question of Durai inheriting a share in the property.
2. Mother of Ganesh always had one fourth share out of her son's property, hence the release deed executed by her with regard to her undivided one fourth share in the property is valid as she's recognized as one among the legal heirs of her deceased son, as per Hindu succession act.
3. No, it is not legally valid, you may read the first point of my reply above.
1. No. legal heir certificate in the name of father of ganesh is legally not correct as durai does not fall in class-1 legal heir. Property was in the name of ganesh which by virtue of release deed durai has given to his grand son i.e. son of ganesh si for stated reason other children of durai donot have any right in the properties or portion of property of ganesh. Property was not self earned property of durai in given circumstances.
2. point 1 is not valid.
3. Legal heir certificate on the basis of which patta was given to durai were not legally correct and were illegal. Legal heir of ganesh can claim redenition of account and profit drawn by durai.
- As per Section 8 of the Hindu Succession Act , if a man leaves behind his parents , wife and children, all of them have an equal right on his property
- However, the father is the second class legal heir whereas mother , wife and children of deceased son are first class legal heirs.
1. Durai being father was not having any share in the property of his son
- However , as already got a share in the property of son , then after the death of Durai his property would be devolved upon all his legal heirs equally.
2. Yes , mothers share will become 1/5 after getting share from her husband
- If the release deed was executed before the death of Durai then that deed is valid for 1/4 share
3. The said Legal heir certificate was not valid.
No, durai is not legal heir of Ganesh.
Wrong mention of share in release deed is not an issue., it is valid upto 1/4th share of mother,
Dear Client,
1. Under Hindu law, a father isn't considered a Class I legal heir when it comes to his deceased son's property. According to the law, only the wife, children, and mother are classified as Class I heirs. However, if Durai was included in the legal heir certificate and the patta (title) was transferred to his name alongside the other legal heirs, it suggests that Durai was recognised as a legal heir under specific circumstances. In the event that Durai's share of the property was legally recognised and he signed the lease deed, his portion would indeed become part of Durai's estate upon his death and would be distributed among his legal heirs, such as his wife and children.
2. Now, if Durai's share was mistakenly considered his own personal property and distributed based on that assumption, then the release deed stating Poon's share as 1/4 instead of 1/5 would be inaccurate. Poon's actual share should be reassessed as 1/5 of Durai's inherited portion. This means that the release deed could potentially be invalid or require correction in order to accurately reflect the distribution of shares.
3. According to Hindu law, a father isn't classified as a Class I legal heir to his deceased son's estate. However, the fact that Durai was included in the legal heir certificate and the subsequent actions, such as the transfer of the title and the signing of the lease deed, suggest that the legal procedures might not have strictly adhered to the legal heir classifications. This could be due to administrative or familial arrangements that were in place at that time. Legally speaking, Durai shouldn't have been included as a legal heir, but since he was, the transfer of the title and the lease deed were carried out with his involvement. It would be advisable to seek rectification or legal clarification in order to ensure compliance with the Hindu Succession Act.
Durai , Gnaesh mother (Poon) & ganesh family lived as joint family. 2009, Got patta's name was transferred to all legal heirs including the Ganes’s father Durai. 2009, they gave a lease deed to Srini to step up a petrol Pump on the above property and the same was registered for 14 Years from 2009. In that lease deed, Ganesh’s father Durai also signed as one of the lessors. There is another property purchased by Ganesan in the year 1987, which is sold by the Gansean wife in the year 2003 with out signature of Ganesan mother, But durai signed as witness in the sale deed. Durai passed away in the year of may’ 2019 without WILL. Durai has other sons Guna and raja and daughter Santhi other than Ganesh. Guna passed away in the year on sep’ 2019 without any will. Now guna has daughter and son. Meena thinking of claiming the durai share. What are the favourable points for Meena? Can meena argue 1. Durai purchased for son ganesh and money given by durai as they lived as join family. But Meena don’t have evidence now for durai contribution as it happened in 1989 and contribution through cash. How to argue ? 2. Due to money given by Durai for the purchase of above said property, Ganesh family added the Durain name in the legal hier certificate after death of Ganesh in the year of 1989. 3. No objection made by the ganesh family even when patta (legal document) name transfer for the above said property in the year of 2009. 4. As durai name mentioned as one of the lessor and he singed in the lease deed. Hence Ganesh family agreed as rightful co owner when there is lease agreement between the IOC and all legal heirs in 2009. 5. Is there any limitation of time to object to the patta( Legal Documents) name transfer or legal heir certificate? 6. Any other favourable points for meena need to be considered? 7. Will another property sold by the Ganeshan wife without other legal heir of Ganesan's mother signature, will this sale ddeed valid ?
Asked 3 months ago
It has to be proved that property was bought by Durai for benefit of joint family
2) what is important is source of funds to purchase property
3) Ganesh did not have source of income to purchase property
4) if Duran had no share in property mere addition of name would not give Him any share in property
1. The property on the name of Ganesh will be his own property.
2. Durai cannot be a class I legal heir to Ganesh as per Hindu succession act.
3. Law is not based on their objections.
4. This is a patent irregularity, Durai has no rights in the property as per law.
5. Patta is not a title document, it can be corrected by submitting an application to the authorities concerned.
6. Consult an advocate in the local.
7. Ganesan's mother is a class I legal heir hence she's entitled for an equal share in his property.
1. There must be proof of payment of fund by Durai for showing the contribution towards purchasing the property in the name of Ganesh.
- However if Ganesh was minor or not having source of income , then it can be considered that the payment was made by Durai.
2. Not enough
3. It can be a ground for showing that the fund was invested by Durai
4. No enough
5. No
6. As given above
7. Ganesan's mother consent was necessary for selling the property , as legally after the demise of Ganesh she is also one of the legal heir.
Dear client,
Meena can argue on following points:
- Meena could assert that Durai contributed financially towards acquiring the property in 1987, even if there isn't solid evidence presently available. She might argue on circumstantial evidence like family testimonies or documents indirectly suggesting Durai's involvement.
- Another point she could emphasize is the inclusion of Durai's name in the legal heir certificate following Ganesh's demise in 1989, indicating acknowledgment of Durai's stake in the property.
- Additionally, Meena could point out that Ganesh's family didn't oppose the transfer of the property's name in the patta document in 2009, implying recognition of Durai's rightful ownership.
- She could also argue that Durai's signature on the lease deed for the petrol pump property in 2009 suggests his acknowledged interest in ownership by the family.
- As for challenging the transfer of the patta name, Meena would need to consider the limitation period based on the relevant jurisdiction's laws, seeking legal counsel for clarification.
- Regarding the validity of the property sale deed signed by Ganeshan's wife without Ganeshan's mother's signature, this hinges on jurisdictional laws and specific transaction circumstances. Depending on the situation, spousal consent might be required for property transactions, necessitating legal examination of applicable laws.
Thank you.
Mother share is valid. Father can claim mother share in self acquired property of deceased son
