Legal Question in Real Estate Law in India

Case study

1. Mumbai 1937 - Four Hindu brothers build a building on a ancestral property.

2. 1951 - The brothers make a partition deed within themselves and the partition deed also specifies that males members do get all the interest and rights but the female members (wives and the daughters) will not get any interest in the property but subject to their rights under the Hindu law. Krishna signs on behalf of the children as all are minors. The deed is properly registered in 1951.

3. The partition between the four brothers is well understood and followed. The questions is now pertaining to one of the brothers (Krishna) who has 2 sons - Shashi and Girish and 2 daughters - Shalini and Prakruti all born before 1945.

4. The building after the partition which is now under Krishna�s family has various rooms (chawl) and is rented for generating some income for the family and one of the flat in the same building is used by the family for staying.

5. The 2 daughters of Krishna get educated and maintained and are married before 1970 and are given some Gold and cash by Krishna and his wife. The daughters thereafter stay separately with their husbands.

6. One of Krisha's son(Shashi) has a wife and his son(Vishal) who is born in 1970 and they all stay together in the flat. Girish also stays in the same flat.

7. Krishna dies in 1991 without a will.

8. Other son(Girish) who is unmarried also dies without a will in 1999.

9. Shashi in 2000 based on the partition deed gets the records in Land revenue transferred on his name by giving a simple indemnity.

10. Shashi also passes away in 2000 without a will.

11. Vishal and his mother keep on staying in the flat.

Questions :

1. Is the property to be considered ancestral property?

2. The partition deed which is signed between the four brothers (but also mentions the names of the sons and daughters), but states that the daughters will not have any rights however subject to the rights under Hindu law. What is the implication of both these statements? Is this document considered to be alienation of the women in the property? If so what is meant why �subject to their rights under Hindu law�? Are the rights only limited to Maintenance, Education and Marriage?

3. Does Vishal get any right to the property? Why?

4. Do Shalini and Prakruti get any right to property? Why?

5. What the status of the ownership of the property - a) rest of the building(which is still rented as per Rent control act) and b) the flat where Vishal now stays with his mother and wife.?

6. Which law is applicable in this matter ? Central or Maharashtra?

7. Which law is applicable in this matter? The one at the time of death of Krishna ? or as on the death of Shashi or as on today?

8. Would appreciate if Acts, Sections and Clauses are quoted and so also some of the cases.

Many Thanks.

1 Answer from Attorneys

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