• Mother property - legal heirs

Good day all,

My grandmother house property is in thanjavur about 330 km from chennai.

She expired about 25 years ago in chennai.

The heirs are total 6 . Four sons and two daughters and all are settled in chennai and all having various disputes among each other.And out of 4 sons one is expired.

Now the property is possessed by one of the sons.

So the problems

1.assembling all the heirs in front of the VAO due to distance from chennai and non cooperation among each other to get legal heir certificate

2.one of the sons is paying the property tax in the name of her expired mother on behalf of her past 20 years and having a electricity connection in his name since past 35 years.

3.the property is total 8000 square ft with a old house and the patta is in the name of my grandmother where as out of that 8000 square ft 5000 was purchased and registered in the name of one of the sons but he failed to obtain the patta till last year but the tax was collected for that property from my grandmother and paid on behalf of her by one of her other son under whom the property is in use past 15 years

A.electricity in the name of son S1 who was expired
B.5000 square ft property without patta till last year in the name of son S2.obtained a sub pasta last year by s2 where as the property used and tax was paid by s4 in the name of my grand mother till last year for that property 
C. UDS of son S3 ( MIXED ALONG WITH 5000 SQUARE FT ) WAS SOLD TO SON S4 AND GOT REGISTERED 15 YEARS AGO. Based on the grandmother patta a of 8000 square ft UDS was divided and got purchased and registered.where as S2 came up with his document without patta and claimed his 5000 square ft and obtained sub patta from the grand mother patta last year.where as the tax got collectEd from my grandmother and paid by S4.

SO MUCH CLASH AND CONFUSION..

PLEASE ADVISE
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) since grandmother died intestate apply for letters of administration in the name of the legal heirs

2) in chennai letters of administration is mandatory for immovable property as grandmother died intestate

3) you can also file suit for partition for division of property by metes and bounds

4) if mutation of property has been done wrongly in name of one of the legal heirs you will have to appeal against grant of pata

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. On the demise of the owner the property has devolved through intestate succession on all her children equally. The share of every child is 1/6th, whereas the share of deceased son has further devolved on his widow and children.

2. The confusion can be reconciled if all the heirs execute a General Power of Attorney in favour of one of them to enable and authorize him/her to apply for mutation on behalf of all of them.

3. Consult a local lawyer with all documents,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. File two partition suits for the properties as under:

a) For the 3000 sq. ft area title of which stands in the name of your grandmother.

b) For the balance 8000 sq.ft area patta of which stands in the name of your grandmother.

2. It is not informed as to why the patta for the said 5000 sq. ft of area was not given to the son of your grandmother. However, title of a property is established from the title deed registered at the Registration office and when title deed is not available, patta is produced to claim ownership of a property.

3. File the partition suit making all the legal heirs of your grandmother as parties wherein the Court will appoint commissioner to divide and demarcate the said propertes with metes and bounds.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

What do you want to clarify by making this post.

If you are the son of the daughter of your grandmother, and want to know if your mother has a share in the properties that belonged to your grandmother who is reported to have died intestate, yes your mother has a right to claim a share in her mother's properties.

She can file a partition suit seeking her legitimate share in the property.

Let anyone pay tax or let the EB connection be on anyone's name or the patta or sub patta by on anyone's name. Your mother is entitled to 1/6th share in the properties left behind by your grandmother, she can file a partition suit agaisnt all her siblings seeking partition and separate possession of her share in the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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