Will Children Inherit Their Parents' Property?
The question is whether children will naturally inherit their parents' property after their lifetime under succession laws.
In India, inheritance laws regarding property vary across different religious communities. As there is no Uniform Civil Code, these laws follow the customs and specific legal frameworks of each religion.
For Christians, property division after death is governed by the Indian Succession Act, 1925. However, during their lifetime, an owner has the absolute right to dispose of their property as they wish. This can be done through a Will (Testament) or through registered deeds such as Settlement Deeds (Dhananischayam), Gift Deeds (Ishtadanam), or Sale Deeds (Theeru). Only property that is under the absolute ownership and possession of the individual, with the title (Thandapper) clearly recorded in Village records, can be transferred in this manner.
If a person dies intestate (without leaving a Will or any other transfer deed), the property devolves upon the legal heirs as per the law of succession.
How Do Heirs Legally Acquire Possession?
Upon the death of the owner, the property is distributed among the surviving heirs in the proportions prescribed by law. For instance, under Christian law:
- If a person dies, one-third of the property goes to the spouse and the remaining two-thirds to the children.
- If there are no children, and only the spouse and siblings remain, half the share goes to the spouse and the remaining half is divided among the siblings. (This applies to both husbands and wives inheriting from each other).
- If only the spouse remains and there are no siblings or other heirs, the spouse inherits the entire property.
What is the Procedure?
- Death Certificate: A Death Certificate of the deceased must be obtained from the local self-government body (Municipality/Panchayat).
- Relationship Certificate: Based on the death certificate and preliminary enquiries, a Relationship Certificate (Legal Heirship Certificate) must be obtained from the Village Office.
- Mutation (Pokkuvaravu): After obtaining the Relationship Certificate, the heirs must submit an application for Mutation of Title (Avakasha Pokkuvaravu) at the Revenue Office to transfer the property to their names.
According to a Government Order (19/92 dated 17.01.1992), the Village Officer can directly process the mutation in undisputed cases. Otherwise, it is handled by the Tahsildar. - Verification: After the investigation by the Village Officer/Tahsildar, the property will be mutated jointly into the names of the legal heirs.
- Public Notice: A notification inviting objections within 15 days must be published on the notice boards of the Village, Panchayat, and Taluk offices.
- Disputes: If there are no objections, the Tahsildar can grant the mutation immediately. However, if there are disputes regarding a Will or other matters, the parties must provide a statement to the Tahsildar within three months confirming that a case has been filed in Civil Court. If no such action is taken, the mutation will be completed after the three-month period.
What if the Heirs are in Dispute?
If disputes arise among the heirs, any heir seeking their share can file a Partition Suit in a Civil Court.
- Summons: The court will issue summons to all other heirs to appear.
- Preliminary Decree: After hearing the responses, the court issues a Preliminary Decree, which identifies the legal heirs and determines if the property is indeed partitionable.
- Commission: The court then appoints an Advocate Commissioner and a Surveyor to divide the property according to the shares. They visit the site, measure the land, and prepare a sketch dividing it into specific plots.
- Final Decree: The heirs can file objections to the Commissioner's report. After considering these, the court issues a Final Decree, passing an order to allot specific portions to each heir.
- Sale of Property: If the land is too small to be physically divided, the court may order its sale and distribute the proceeds among the heirs.
- Execution Petition: After the Final Decree, an Execution Petition can be filed. A court officer will then visit the site to legally deliver and establish possession of the respective shares.
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