Claiming Property After Legal Division: What You Need to Know

Legally dividing property, particularly after a parent's death, can be a complex and sensitive issue. This article explores the nuances of claiming property from a brother when the division has been legally settled, providing key insights based on legal principles.

Understanding Legal Property Division

Legal property division means that the division is either through an irrevocable will that is duly registered or through a settlement deed that is validly registered. Any other document that claims to divide property without these legal standards is considered null and void. This ensures that the division is legally binding and enforceable.

Buying or Selling Property to a Non-Family Member

One of the most common ways to resolve disputes over inherited property is by buying or selling it to a non-family member, particularly one outside the coparcenary. This action under Section 22 of the Hindu Succession Act, 1956 provides a legal remedy for inheritance disputes, allowing the transfer of property to someone not within the family.

Inheritance Claims and Legal Heirs

Legal heirs have the right to inherit property, even if it has been divided. If you are trying to claim property from your brother after your father's division, you may face challenges, especially if your brother has developed the property through personal efforts, turning it into self-acquired property.

Initiating Legal Procedures for Property Partition

If the division was not done properly and you believe you are entitled to a larger share, you can seek partition by approaching the court through a partition suit. This involves obtaining a mutation in revenue records according to the settlement deed that your father used. If your brother is not cooperating, you may need to file a declaration suit to assert your rights.

Legal Challenges and Prolonged Disputes

Disputes over inheritance claims can be prolonged and costly, with lawyers using every legal avenue to their advantage. It's crucial to act promptly and within the legal time frame to ensure your claims are valid. The statement 'every idiot can hire a lawyer that will fish them along for years' highlights the potential for prolonged litigation, which can sap both time and resources.

Coparcenary and Partition

Coparcenary refers to the joint ownership of property by the heirs in a family. If the division was not done properly, such as in the case of a partial partition or unequal distribution, you may have grounds to seek a full partition. This can be done through an approach to the court, where the property will be divided as per the law and legal judgments.

The key takeaway is that if you wish to challenge a property division, you need strong evidence and a valid legal basis. Failing to do so can result in legal pitfalls and potentially long-term conflicts, highlighted by the message that even lawyers cannot guarantee a win.

For those seeking detailed legal advice on this topic, consulting a legal professional familiar with inheritance laws and property partition is highly recommended. Good luck with your legal remedies.