CLIENT COUNSELLING

1. Sudhansu Kumar S/O Late Karu Prasad, Aged 58 Years

R/O- West Boring Canal Road, Chandan Bhawan, Patna, 800001

P.O-Shri Krishna Puri

Religion- Hindu

Educational Qualification- Intermediate

Profession- Business Related To Medicine

Fact of the case

The client belongs to a joint family of 3 brothers. The entire property i.e. movable and
immovable have been developed by the effort of his father,

Properties in his family are-

 Land from ancestral side and other land in name of all three brothers but in joint
possession of all.
 Landed property in Patna, Lucknow and Ranchi in name of different member of
family
 Flat in Patna and Ranchi in name of different member of family
 Family business in name of different member of family.

The entire property was looked after by his father and youngest brother used to assist
him. His father died in 2002, after which entire thing come in the possession of the
youngest brother who was looking after the family.

After his father’s death, certain properties were purchased and money invested there
comes from joint fund. His mother also died in 2012, 31st December.

Common settlement prepared among brothers in 2014 through which agreed share will
be handed to the respective parties prior to 21 st December, 2018 was never acted upon.
Letter was written to his brother by the client still no action were taken. No reply of
Legal notice was given by them even after 50 days.
APPLICABLE LAWS

Section 6 of Hindu Succession Act,1956.

COURSE OF ACTION

Since, all the properties (movable and immovable) along with the joint family
business as listed above are developed by the effort of his father; it comes under
the category of Joint family property.
Money invested from joint fund in certain properties after the death of his father
also comes under the category of Joint family property according to Doctrine of
Accretion which states that properties acquired with aid and assistance of
ancestral property are joint family properties.
The most appropriate remedy for him is to claim partition of the Joint family
property.
Partition can be effected in the following ways-
 By filing partition suit
 By family settlement
 By partition deed
He can claim for partition peacefully without intervention of court by preparing
partition deed through mutual consent. The partition deed must be executed on
stamp paper and registered with the sub-registrar’s office to give it legal effect.
If negotiation failed and parties are not agreeing on the terms of division of the
property and want different terms, then he can file partition suit before the court
having jurisdiction.
Now the extent of share to which he is entitled will be governed by section 6 of
Hindu succession act, 1956.
According to this section if a Hindu male dying intestate, the undivided interest
in coparcenary property shall devolve by survivorship upon the surviving
members of the coparcenary and not in accordance with the act.
But if deceased had left him
surviving female relative or male relative claiming through such female relative
in Class 1, the interest shall e devolved by intestate succession.
 In his case, no female relative or male relative claiming through such female
relative in class 1 heir is present at the time you are claiming partition. Hence,
the property will be devolved by survivorship.
According to rule of survivorship, those coparceners who are living at that time
will be entitled to equal share in the joint family property.
Hence, in his case 3 coparceners are there who are entitled to 1/3 rd share each in
the joint family property. Regarding the family business, the income arising out
of it will be distributed equally i.e. 1/3rd share each.

PROBABILITY OF RESULT

If it is proved before the court in the partition suit that all these properties are joint
family properties by producing the title deeds as well as by showing the source of
income from which they are purchased , then higher chances are there that court
will pass a decree in his favour.

NEXT COURSE OF ACTION

If the decision of court is not in our favour then an appeal can be preferred
under section 96 of CPC, 1908 before the appellate court.

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