My grandfather died intestate leaving behind his property to be shared by his heirs. Elder daughter died. Elder son obtained a property through gift deed from my grand father and he will not part with the remaining asset of my grandfather. My grandfather purchased a property in his second sons name as a sale deed and second son will not part with the remaining asset of my grandfather My grandfather purchased a property in his third sons name as a sale deed and third son will not part with the remaining asset of my grandfather Now the remaining three sons of my grandfather will part with remaining asset of my grandfather. What deed is preferable for the remaining property of my grandfather to be shared equally among the left over three sons of my grandfather.
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These three sons who are to inherit the remaining share, must seek a relinquishment from the other three sons who have received individual properties from you grandfather. This, so that in future, the other three brothers must not a stake a claim over the remaining share l.
This division amongst the three brothers could be given effect to by a partition deed.
Is there any will left by your grand father?
The properties purchased or gifted are properties transferred during his life time.
The remaining properties could be partitioned amongst left over sons with the agreement by three who got properties through gift or purchase in their names.
If all are agree to this a family settlement agreement to be made and signed by each and get implementation through the SDM court.
As per law all the legal heirs are equally entitled to get their share.
Though his elder daughter died, her legal heirs are entitled to get her share.
Likewise the elder son and second son are also entitled to get their respective shares unless they relinquish their right.
This issue may arise in future also if you go for settlement.
Hence it is better to go for partition among the all legal heirs, with due respect to who ever relinquish their right, to avoid future litigations.
Good Luck / All the Best
if property is purchased by grand father in name of sons who had no source of income then property was bought for benfit of joint family
you can file suit for partition to claim equal share in said properties
Hi
A partition deed is the preferred mode for distribution of remaining properties of your grand father compared to settlement deed.
A) Partition deed and Settlement deed confer the same ownership, title and interests to all the legal heirs.
B) However partition deed(duly signed by all legal heirs) is preferred as
i) the properties are now divided by meets and bounds (physically) and
ii) you can ask the sub-registrar to issue multiple copies of the partition deed and
iii) the legal heirs become the absolute owner of the property vested on them subsequent to partition and
iv) the properties are no longer ancestral and
v) the Registration and stamp duty charges are lower compared to settlement deed and
vi) Registration and stamp duty are a percentage of the least fair market value of the property / least share obtained in partition.
Hope this information is useful.
Sir in continuation to the above question, Can we recite that the three Elder sons have obtained the so and so properties through gift/sale deeds and the legal heirs of Elder daughter have agreed to relinquish their share out of love and affection in the proposed partition deed.
Relinquishment deed can be executed by legal heirs of daughter for their share in property
Partition
After the death of grandfather his legal heirs obtained the right over his properties by way of succession. So the property left behind him will serve on all legal heirs equally. If his legal heirs are ready to relinquish their right over the remaining property they will execute a relinquishment deed in favour of their desired person’s name. or a partition deed can be execute .
Please note even though remaining three sons will part away with property if it is property purchased by your grandfather all sons have right on this property too.... So better file a suit for partition against all the property...Please note for family settlement deed all need to sign and if the elder sons don't sign they can claim partition in court for rest of property so better talk to them before making family settlement deed....
Registered Family Settlement will be good in the circumstances stated above. All the above transactions should be recorded in one deed i.e. Family Settlement, as such there will not be any complications at a later state.
Yes, this can be introduced in the partition deed.
Under the situation explained by you, it is advised to register Partition deed by making all the children as parties to the deed.
Even the elder siblings who have got the property under gift deed / sale deeds registered in their respective names have the right to partition on the death of your grandfather.
So make all the children as parties to the partition deed confirm the gift deed and sale deeds registered to the respective names and indemnity to the effect the elders how are already got the property will not claim any right over the remaining property of your grandfather.
And the partition of the property among other siblings with respect to the remaining properties of your grandfather.
All legal heirs have equal right in the properties lying intestate. Heirs who got properties through sale deed or gift cannot be abstain to inherit share in properties, except if their father denied any right while purchasing /gifting properties to them.
Daughter has absolute right to relinquish her right in favor of any.
I advise you to file a partition deed for distribution of the property.
Before filing the same ask the heirs who will inherit the share to make a relinquishment deed.
Yes you may mention the same in the sale deed, but to avoid future legal complications ask them to make a relinquishment deed.
Regards
As I said earlier, all the legal heirs are entitled to get their respective shares.
Generally the property acquired through gift / sale deed are to be treated as self acquired property, (if registered) unless specifically mentioned in the deed. (as they pay sale consideration and registration fee)
If you recite particulars of gift / sale deeds of elder sons, in the partition deed, if the elder sons also relinquish their rights, then no problem, (it has to be clearly mentioned in the deed) if not burden of proof lies with you that, the said properties are transfered on to their names in pursuance of partition.
If you failed to do so, they will also ask their share.
Here, you have to understand one thing, in partition one has to register the property to the extent of their share as per partition deed, where as in settlement it is not necessary, but, if you want you can register it.
Good Luck / All the Best
Hi , they can transfer their share inherited through relinquishment deed or through gift deed .. In whose name the property has to be transferd perticulary ?
What deed is preferable for the remaining property of my grandfather to be shared equally among the left over three sons of my grandfather.
Since your grandfather is reported to have died intestate and has left behind some properties, the said properties shall devolve equally on all his legal heirs of his successors in interest which may be his wife (if living), his children (both sons and daughters) and the legal heirs of his predeceased children.
Under this situation it would be suggested that they all agree for a mutually agreed partition among themselves which is the amicable solution. The partition deed so drawn may be registered to make it legally valid.
Can we recite that the three Elder sons have obtained the so and so properties through gift/sale deeds and the legal heirs of Elder daughter have agreed to relinquish their share out of love and affection in the proposed partition deed.
Since it is a mutually agreed partition such recitals can be very well made and they are legally valid.
You can discuss with your advocate on the legal terms for such relinquishments