• Partition of property

My grandfather had 2 sites and died without will. He has 1 son ( my father) and 5 daughters. Later all daughters gave up their shares by taking some settlement amount. We are 4 children -2 boys and 2 girls to my father. In one site already a3 storey building is existing and they are residing at present.Now my father and brother have started construction in another site but Housing Corporation authorities have stopped the work stating property papers are not perfect. To solve the problem father has decided to transfer both the sites to brothers name without giving us our share or any settlement. Should I sign on transfer document or do I have right on the property
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

On grand father demise your father wa absolute owner of land as his sisters have relinquished their interest in property

2) your father is at liberty to transfer land to his son ny gift deed or sale deed

3) your consent and that of your siblings is not required for transfer of property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Whether the 2 sites were your grand father' S self-acquired or ancestral property?.

2. Based on the answer to the above question, your rights on the property can be determined.

3. Assuming that the 2 sites are your grand father's self acquired property, then you will not have any right over his self acquired property.

4. However, assuming that the 2 sites are your grand father's ancestral property, inherited from his forefathers, then you shall be entitled to a share in the property.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Hi, Don't sign the sale deed, if you sign the sale deed, you can't claim the property later. So file a suit for partition to claim your share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

In case father dies intestate both sons and daughters have equal share in property

2) father can during his lifetime sell or transfer his property to whomsoever you so desire

3) once aunts have relinquished their interests they cannot claim share in property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If it is your father's self acquired property (got the same from his father and subsequently registered Release Deed executed by his sisters in your father's favour), then it is your father's prerogative to give the property to anyone, including his children. Your signature is not a must for the self acquired property of your father during his life time.

2. Being the self acquired property of your father, he is well within his legal rights to give the property to only his sons.

3. Only in case of ancestral property, you would have got the right over the property. You will not have right over your father's self acquired property during his life time.

4. Your father's Sisters shall not have right if they have already executed registered Release Deed/Settlement Deed in favour of your father.

5. Your father's Sisters are free to challenge the Release Deed or Settlement Deed, as the case may be.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Your grandfather's properties, if he is reported to hav died intestate, shall devolve on all his legal heirs equally.

If your paternal aunts have relinquished their rights to your father by a registered deed, then your father becomes an absolute owner of the properties so acquired.

Once your father becomes an absolute owner then he has full rights to dispose it or transfer it or settle it or sell it in any manner and to anyone of his choice.

He need not take permission or NOC from anyone including his children or wife for the above act.

Therefore you may please be aware that you have no rights in the properties hence do not waste your time in litigation or dispute, instead, you can convince him to allot a share to you also out of affection towards you.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Once your father's sisters have relinquished their rights in the property by executing a registered release deed, they canot claim any right or share at a later stage even if they do, they may not be successful in their claim.

Now in the property in possession of your father, he only has full rights in it and not anyone else.

Forget about daughters, even sons do not have any rights in it, therefore instead of agitating over his decision to give the property to his sons alone, you may convince him to give you also some share in it.

If you are not convinced in the legal position, then you may wage a losing legal battle.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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