• How to share a property when the original documents are lost

Hi! I'm posting behalf of my dad, we have a property of 41 cents that has been bought by my grandfather (dad's dad - we don't know from whom it was bought) but the fact is we couldn't find the documents which state that this land has been bought by my grandfather or anything of the sort, we checked with the RTC and they say that the documents number beginning with our deeds had been shifted from a "place B" and apparently even at "Place A" where the documents were present, it cannot be found, (according to the lawyer of a relative, we do not have the monetary means to consult a lawyer so have turned to this site)

We do have some documents from my grandfather's grandfather's time regarding their property settlement and that everyone elder and younger than my grandfather has left the rights to my grandfather - directly, there are also documents that state so.

My grandfather had 5 children, 2 male and 3 female, 2 of the females have deceased and 1 of the deceased was unmarried. So now 2 male and 1 female are remaining. The females were married before the year 1970. One of the deceased female has 2 sons and her husband is still living, The living female also has 2 sons and her husband is living. My grandfather & grandmother have deceased.

I would like to know the following:
1. How to get the original documents? Is there any alternative to find them?
2. Once we find the documents, what would be the best way to settle the property? How can it be divided?
3. Will there be a share for the females too? There was something that said for women married before a particular year won't get a share, so we're in doubt.



Thank you for your time and we're very grateful for your answers and help!

Thanks and yours sincerely,

Renuka
Asked 2 years ago in Property Law from Mangalore, Karnataka
1) you have to engage a search clerk . he will find the documents for you . although it may take time if said documents are in place A they would be found . 
2)  deed of family settlement . for division of property among legal heirs . have it duly stamped and registered . 

3)all the 5 children of grandfather would have 1/5th share in their father property . in case of death of one of legal heirs ie daughter her share would devolve on her legal heirs
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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1. In order to find out the original documents you will have to carry out a title search at place A as well as place B. There is no alternative to carrying out of title search. 

2. The property can be divided amicably by drawing up a partition deed and having having it registered after paying the stamp duty. 

3. All the children including daughters have an equal share in the property of their father. The date of marriage is irrelevant.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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it is self acquired property of your grand father . on his death all his children have equal shares in the property . 

Mitakshara law draws a distinction between ancestral property (referred to as joint family property or coparcenary property) and separate (e.g. property inherited from mother) and self-acquired properties. In the case of ancestral properties, a son has a right to that property equal to that of his fat her by the very fact of his birth. The term son includes paternal grandsons and paternal great-grandsons who are referred to as coparceners. An important category of ancestral property is property inherited from one's father, paternal grandfather and pate rnal great-grand father. under traditional Hindu law, a daughter is n ot entitled to property rights by birth in such ancestral properties.The property inherited by a person from his father is ancestral in his hands. He is not the owner of the property, he is entitled merely to hold and manage the property as the head of the family for and on behalf of the family. The ownership of the property is in the joint family consisting of himself and his sons. They are all co-owners or coparceners. (Hence the expression co-owners and coparceners are synonymous).  

after passing of hindu Succession act situation changed drastically .if the father has e.g. not only sons but also daughters and not only grandsons but also granddaughters his interest in coparcenary property would not survive to the other members of the coparcenary but would succeed to his heirs so that not only his sons and grandsons would get an increased share upon his death, but his successors being his sons, daughters as also his widow and his mother would succeed to his interest in the coparcenary property under the provisions of the HSA. 


karnataka amendment act talks of joint family ancestral property . it provides that son and daughters have equal shares . if duaghter was married before partition she would not have equal share in ancestral joint family property .
Ajay Sethi
Advocate, Mumbai
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The text that you have been able to find has, with due deference, no relevance to your query. 

The reason being, the section that you have culled out applies to only ancestral property. However, the property bought by your grand father does not qualify in law to be 'Ancestral property'. Hence, the said section pales into insignificance at the outset.  

In this view of the matter there will indubitably be a share for the daughters of your grand father.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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