Grandfather has 4 sons - A, B, C, and D. I am son of B. Grandfather has not written any will document. Grandfather had bought a land on A's name (Property card has A's name only). The land was managed together by A, B, and C. A wrote a letter (not-registered) on a stamp paper stating that the property should be divided in three parts - A, B, and C. Since D was not interested in the property nor he had had any business on it, he had opted out. So in the same letter it is mentioned that D has no right over this property. Grandfather and A both have passed away. A has wife - Wife_A and, son - Son_A, and daughters - Daughters_A. Wife_A, Son_A, and Daughters_A are agreeing to still go ahead with what A had decided, that is, to divide the property in three parts - Son_A (since A passed away), Son_B (B's son), and Son_C (C's son). However, now D wants a share too to which Wife_A, Son_A, Daughter_A, B, and C disagree. D now threatens them that he will file a case in court and make sure no body gets anything if he is not given a share. Question 1- Does D have any legal power or any base on which he can fight (and win) a case in court? (Follow-up) Question 2- To get three names on the property card - Son_A, Son_B, and Son_C, will we have to pay stamp duty anywhere in the process ahead?
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The property is in Mumbai.
1. No, he can not claim any share from this property because this property is belongs to A on documents and A was the absolute owner and the property will be divide as per A's wish. There is no chance of His win.
2.For minimum expenses, it will be better to execute a family settlement deed among them which should be registered and based on the same the names can be mutate in property Card.
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1) property was bought in A name by grand father for the benfit of joint family
2) D can claim one fourth share in property
3)if you refuse to give him his share he will file suit for partition for division of property by metes and bounds
4) partition suit takes 15 years to be disposed of in Mumbai
5) deed of family settlment is required to be executed duly stamped and reggistered
6) then apply for mutation of property in name of the legal heirs
Hello Ajay Sethi, For your points1,2,3,4.. Grandfather and A had not stated (verbal or written) anywhere that the land was bought for the benefit of joint family that includes D. The main purpose of the buying the land was for A to do business there with Grandfather. Even the company is under A's name. B, and C joined business there later. All of the expenses related to the plot i.e. tax, maintenance etc were taken care of by A, B, and C together. I'm not able to understand on which basis can D claim his share. Can you please let me know the same? I appreciate your time and help.
1) was A working ?
2) did he have any source of income to purchase property?
3) if not and bought by grand father in name of A then D can can claim bought in his name for benfit of joint family
Question 1- Does D have any legal power or any base on which he can fight (and win) a case in court?
If this property belonged to grandfather then it shall devolve equally on all his legal heirs i.e., A, B C and D.
The letter written by A stating that D has no rights in the property shall not be valid in law because D is also a successor in interest to grandfather's property as per law or in the legal terms. Therefore D can very well file a partition suit claiming his legitimate and rightful share in the property.
(Follow-up) Question 2- To get three names on the property card - Son_A, Son_B, and Son_C, will we have to pay stamp duty anywhere in the process ahead?
Property card is not a title document. It is jut a revenue record containing details of all transactions that had taken place in respect of this proerty. No stamp duty is required to be paid to include or delete any name from such records.
Whether your grandfather bought the property by a registered sale deed or how he acquired the property.
As legal heirs to deceased , you and your mother, your sister are entitled to your deceased father A's share in your grandfather's property.
The property is in Mumbai.
The succession law is applicable throughout the country
The main purpose of the buying the land was for A to do business there with Grandfather. Even the company is under A's name. B, and C joined business there later. All of the expenses related to the plot i.e. tax, maintenance etc were taken care of by A, B, and C together.
I'm not able to understand on which basis can D claim his share. Can you please let me know the same? I appreciate your time and help.
You should understand that if your grandfather bought this property for the purpose of business of A, he should have either bought the property on A's name or in the name of the company running the business.
At least your grandfather should have distributed the property by a registered deed to the people of his choice during his lifetime, in such case, the exclusion of D's name in the distribution of properties would have been justified.
Whereas your grandfather remained silent over this issue till his death and your father seemed to have made some unregistered arrangement on the property which is invalid and cannot be recognised in law especially in the operation of intestate succession of properties of the deceased.
The claim like taxes and maintenance done by others will not entitle them to reject D's claim for his legitimate share in the property.
If at all they have spent on the property for such issues, they may claim his share in the expenses incurred while contesting his partition suit.