What is property distribution law in India?

In India, there are several statues comprising various provisions with regards to

property distribution law in India

. They are:

• Indian Succession Act, 1925

• Hindu Succession Act, 1956

• Muslim Personal Law (Shariat) Application Act, 1937

What kind of properties can be partitioned?

When it comes to

partition of property among family members,

there are two types of properties that can be given as per the

Family

Property Partition Law in India:

• Inherited:

  A property can be categorised to be an ancestral one if it has been inherited up to four generations of male lineage.

• Self-acquired:

  It is the one which has been purchased by own money.

Methods of the partition of Ancestral Property

Following are methods to partition an Ancestral Property:

Partition of property among family members India

by mutual agreement can be done viz

• Partition Deed  is prepared in order to divide the property between the co-owners of the property so that each person gets an absolute title over his own part of the property. 

• It is executed by the co-owners themselves. 

• The division is governed by the respective religious acts or Indian Succession Act when there is no special act governing that particular religion. 

• After the Partition Deed is executed, each co-owner becomes the absolute owner of their share of the property and they can sell, transfer or gift it to anyone as they want. 

• The deed must be registered and executed on the stamp paper in a very clear and unambiguous manner, specifying the share each co-owner has been given.

• The property is divided by family settlement. 

• The Court is not involved. 

• They settle the matter by negotiation. 

• The family settlement deed does not need to be on stamp paper or be registered or written.

• However, it must be with the complete satisfaction of all the co-owners. 

It can be done incase of disputes between the co-owners, if they can’t reach a mutual agreement. 

• First and foremost, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. 

• Then the partition deed is filed.

• But, if the dispute is still not settled, then a civil suit is filed before the Court. 

• According to the Limitation Act, 1963, the limitation period for filing this suit is twelve years from the date the possession of the defendant becomes adverse to the plaintiff. 

• However, the burden of proof is upon the opposite party. 

• The Court determines the court fees according to the value of the suit. 

• The court fees must be paid before filing the suit. 

• Probate is a copy of the Will certified under the seal of the Court.

• It is granted only to the executor under the Will as per the Section 222 of the Indian Succession Act, 1922. 

• After filing the petition, the Court usually gives public notice in leading newspapers to invite objections, if any. 

• If there is no objection, the Court finds it satisfactory considering the evidence, grants probate. 

• According to Article 137 of the Limitation Act, 1963, the limitation period for filing probate petitions is 3 years from the date of the right claimed.

• The Court fee has to be paid depending upon the state jurisdiction of the case. 

I hope my detailed insights have helped you in understanding

property distribution law in India.

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