Resolving family property disputes: queries and legal safeguards
Guna, a Hindu male, passed away in 2019, leaving behind his wife Jo, son Senthil, daughter Meena, and mother Poon as his Class I legal heirs. Guna did not leave a will, and his estate consists of self-acquired properties.
Subsequently, Jo passed away in 2021 without executing a will. Jo also had self-acquired properties.
In 2022, Meena initiated a partition suit against Poon (Defendant 1) and Senthil (Defendant 2) to claim the properties of both Guna and Jo (father and mother). Later, in September 2024, Poon also passed away intestate (without a will). Poon had other children, namely Raja and Shanthi, apart from Guna.
Currently, Senthil and Meena are pursuing mediation through the court to resolve the partition dispute. The court has requested details of the legal representatives (LRs) of Poon.
Lawyer’s Position:
My lawyer advises against producing the legal heir certificate of Poon if the mediation is successful and the case is withdrawn. His argument is as follows:
1. Poon’s legal heirs (Raja and Shanthi) are not entitled to a share in Guna’s properties as poon died.
2. Once a mutual partition deed is registered between the Senthil and Meena, it cannot be challenged after one year by Poon legal heris Raja and Shanthi,
3. Even if Raja or Shanthi files a case later, Poon’s death excludes her heirs from claiming a share.
Additionally, Poon’s legal heirs (Raja and Shanthi) are reportedly supporting Senthil .
Questions:
1. Is it possible for Poon’s legal heirs (Raja or Shanthi) to cancel the partition deed?
2. After the partition deed, can Meena sell her share of the properties without requiring the consent or signatures of Raja and Shanthi?
3. If Senthil executes a release deed from Poon’s legal heirs after the partition deed, will it be legally valid? Then Is it required Meena to get release deed from Poon’s legal heirs (Raja or Shanthi)?
4. What are the potential positive and negative implications of following this route?
5. If Poon’s heirs later claim a share in Poon’s estate , could that affect the partition deed?
6. What steps should be taken to safeguard against future claims by Poon’s legal heirs after the partition deed is registered?
7. If a legal heir (Raja or Shanthi) decides to challenge after one year, under what circumstances could the partition deed still be contested?
8. If anything goes wrong can Meena file partition deed suit again ?
Asked 15 days ago in Property Law
Religion: Hindu
The property Not yet divied and not transfered to Poon. Besically the property we are discussing about the pre deceased son propoerty, not self acequired property.
Still, Poon legal share will get the share from pre decesed son ?
Kerala Amendment in 2015, As per Section 8 of the Hindu Succestion act 1956 the property of a male Hindu dying intestate shall devolve firstly upon the heirs, being the relatives specified in Class 1 of the Schedule such as Son, daughter, window, mother. If the mother , upon whom the property of her pre deceased son devolved , dies intestate , the property will again devolve to the other heirs of the mother as specified in the section 15 and 16 of the said act apart from the wife and childeren of the pre deceased Son.Thus, the share obtained by the mother from her pre deceased son devolves upon her other legal heirs also, other than the wife and children of the pre deceased son. It is an injustice against the wife and childeren of the pre decesed son. Hence Sub Section (2) of Section of the said act in such a manner that the share obtained by the mother from her pre decesed son shall, after her death, devolve only upon the wife and childeren of the pre decesed son.
- will it possitive for us.
Any one help similar case reference no , so that i will take the jugement copy.
Asked 1 day ago