Hi, Background- My father has dispute with his brothers over property. There are 2 buildings with flats in both of them. None of the flats are legally under any brother's (including cousins) name, they are registered under grand father's name. There are 2 grandfather, one is my grandfather and the other is from my dad's cousins side. These property are jointly registered under the two grandfather's name. My father, his brothers and cousins occupy the buildings. Each brother has all the utilities such as phone, water, electric etc under their name. Question- Can my father legally sell or gift the flat to me? Can i then sell the property? if yes, under what section of law. The dispute is going on for more than 25 years and we are living in that property for more than 30 years. Please help.
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1) on grandfather demise your grandmother , your father and his siblings would be legal heirs
2) your father can sell or gift his undivided share to you
3) under section 44 of transfer of property act co owner can sell his share without consent of other co owner
4) better option is to file suit for partition for division of properties by metes and bounds
Thank you Mr. Sethi for the response. Followup question- none of the grand parents are alive. From the points number 1 to 3 of your response, looks like my father can sell or gift the property any time if i understood correct. Is no. 4 must to act on point no. 3? There has been many unsuccessful attempts to do the property partition both mutually and in court. Thank you.
1) yes your father can sell or gift his undivided share to you by regd sale deed or gift deed
2) if mutual settlement is not possible filing suit for partition is the only option
3) partition suit takes around 15 years to be disposed of
1. Are your said grandfathers still alive?
2. If not then was there any partition deed registered concerning the said properties or was there any partition suit filed before the Court which is still pending to be disposed of?
3. The property occupied by your father does not stand in the name of your father. As per law no body can convey better title than what he/she holds. so, your father can not gift or sell the said property since he does not yet own the same. For the said reason your subsequent sale to a third party does not arise at all.
4. Your father should get a partition deed amicably executed and registered and if it is not possible amicably, he should file a partition suit. After getting property partitioned in his name he can sell or gift the same to you or to anybody legally.
1.Since your father could not yet get the title of his share of the property registered in his name, he is still not the title holder of the said property or share thereof.
2. Without acquiring the title of the property either amicably or through Court order, he can not convey it to you or a third party.
Can my father legally sell or gift the flat to me? Can i then sell the property? if yes, under what section of law. The dispute is going on for more than 25 years and we are living in that property for more than 30 years.
Your father can gift or transfer the property in yor name provided he has marketable title in the property.
The dispute hall be resolved only through court and not by personal disputes.
Let your father file a partition suit claiming his rightful share in the properties left behind by his father.
From the points number 1 to 3 of your response, looks like my father can sell or gift the property any time if i understood correct.
Is no. 4 must to act on point no. 3? There has been many unsuccessful attempts to do the property partition both mutually and in court.
Dont say that the court could not arrive at a decision on partition.
The court case would not have been disposed hence you say that attempts are not successful.
You have to follow up the partition case in court vigorously to get an early disposal.
You can follow it up through your advocate.
1. On the demise of your grandfather his share in the joint property devolved through succession on his legal heirs i.e his children presuming your grandmother is also dead. So your father is at liberty to gift his share in the property to anyone he desires. However, if the property is undivided then it has to be partitioned before your father can execute a gift deed.
2. If there is no consensus among the heirs of grandfathers to divide the property then your father can file a civil suit for partition in the competent civil court.
