was it self acquired property of grandparents ? when did grand parents die ? please clarify . did they leave any will ?
Undivided property among brothers
Grandparents had passed away without partitioning the property among their 3 sons. Property(site) stood in grand parent's name.Eldest son constructed a RCC building in central part of the site without caring for Vastu doctrines and he had passed away leaving behind 3 sons and a daughter, who are all married now.Grand parents have 3 daughters,all married before 1984.The other 2 sons of the grand parents have 2 daughters, 2 sons.Now the dispute of partitioning among the sons is unsettling .Please clarify how to partition among sons and the other stake holders.The sons of eldest son have built a house in the vacant site(1 part) without the notice of other 2 sons of grandparents and wanted to rent it out now, and this is another tricky issue.
Asked 10 years ago in Property Law
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6 Answers
How did the grand parents acquire this property? Was it the self purchased property of grand parents? Was any settlement deed made by them during their life time? The answers to these questions are germane to the legal recourse that can be followed.
The grand father acquired the property through sale deed.grand father died in 1980 and grand mother died in 1995. There were no wills and nor was there any settlement deed. With the passage of substantial time without settlement, and with some stakeholders creating problems, it is becoming very difficult for interlocutors to partition the property finally.Now one grandson(son of eldest son, ) has constructed house on vacant site(Without notice to other 2 sons of grandfather) and offered for rent. What is the legal partition available under the circumstances?
Asked 10 years ago
it is self acquired property of grand father . on his death in 1980 his property would devolve on your grand mother 3 sons and 3 daughters . each legal heir would have 1/7th share in property . on your grand mother death in 1995 there would be 6 legal heirs to property . suit for partition is to be filed . the share of eldest son would devolve on his wife and children
But the most tricky problem for partition here is the eldest son had constructed a pucca building in 1992 , occupying 1/3 part of the total site. No one has objected to it.Only 2/3 property has been left for partition.The 2 sons of the grandparents are putting claim to this property now, without reference to sisters.If there are 6 legal heirs ,how to proceed ? Will there be necessity to get the signatures of all grandsons to any settlement or 6 legal heirs are sufficient? The eldest son had passed away intestate leaving 3 sons and one daughter. Are their signatures necessary? One important thing to be mentioned here is that, apart from abovesid building of eldest son on 1/3 part of property,in which eldest son"s family had been residing since 1992, the wife of eldest son has constructed one house in other 2/3 part without notice to other sons/daughters of grand parents and obtained house number in municipality .She also died one year ago shortly after construction.Thus only 1/3 [propert remined. What is to be done with this new house?
Asked 10 years ago
the partition will be of entire property including part wherein construction has been carried out .issue legal notice to all legal heirs . if no partition possible file partition suit for 1/6th share in property . 1/6th share of eldest son will go his 4 children ., contact a local lawyer .
Since it is the self purchased property of your grand father all his surviving heirs have an equal share therein which can be culled out through the process of court by filing a case for partition. The children or grand children of your grand father can file a case for partition against the other surviving heirs.
That part of the property where construction has been carried out without the consent of all the heirs cannot be isolated. It is also to be partitioned as it forms part of the entire property of your grand father. The share of the eldest son will vest in his 4 children.