My grandfather expired in 1995. Out of his five sons, four are dead by now. Grandfather's property was not divided amongst the sons. Presently, we are total of eight brothers among his grandsons. Including the surviving son, it makes 9 adults who have claim on the property left behind by my grandfather. Last year, 7 of the 9 claimants got together and drafted a family settlement dividing the joint property. All 7 have also signed on the settlement. Two of the total 9, both sons of same gentlemen, have certain objections and are not ready to sign the family settlement. Rest of us want to develop/ sell their respective share of property at the earliest. What are the legal options available to those claimants who agree to the proposed settlement and have already signed the document? Can the property settlement be considered final and legally registered if 7 are in agreement and 2 oppose? Can we develop or sell our share as desired?
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1) This is inherited property, so everyone has is share in the property and can develop the property accordingly.
2) Keeping a side theirs both share at one side and rest of the 7 can have developed your property.
3) for further details on consultation call.
That settlement is not valid. Go for suit for partition
file suit for partition for division of proeprty by metes and bounds
2) family settlement cannot be legal and binding unless all 9 legal heirs sign the same
3) co owner can sell his share without consent of other co owners
Hi, it is advisable to file for civil suit for declaration and partition in court,to get the property transfered and partitione accordingly
1. If the said 2 legal heirs refuse to sign the settlement deed, then it will not be valid in the eyes of law.
2. The division of the property of your grandfather should be in to 5 parts, each for his 5 sons.
3. If any son was not married or died without leaving any wife or son and daughter, his share will not be counted.
4. Now, each share of the said sons, including the deceased sons, will be divided amongst their individual legal heirs being their wives and sons and daughters.
5. If any of the legal heirs are unwilling to sign the settlement deed validly executed, then partition suit can be filed by the majority legal heirs and get their shares separated and divided by metes and bounds.
6. Thereafter they can enter in to development agreement with any body they wish to.
No if two are opposed for the same and if property is not divided they can object for the sake of common property. You have to file a partition suit in court and then only you can go forward.
No,
There are two ways to deal with this:
1. All 9 have to agree and sign the family settlement deed.
2. All the 7 who are agreed to file a suit to decide the property and wait for the court order in this regards.
The first option is best and quick but second option is defiantly going to take long.
As it is ancestral, the property devolves on male hindu by intestate succession. As all of you are class - 1 heirs, the property has to be equally shared by all, therefore, by assigning lawful share to the opposing 2, the share can be equally divided and registered. However, the other 2 should not claim that the share allotted to them has deficiencies like garbage, burial ground or some other nuisance nearby and the other 7 have shared the best part of the land. Make sure such factors are considered before partitioning and registering.
All the 9 stakeholders have come to a consensus for the settlement to be final and binding on all.
File a suit for partition for partition of this property amongst all the 9 stakeholders so that the property is divided amongst all by metes and bounds.
Unless share all the 9 stakeholders is determined, no one can develop and share their share(s).
1.The family settlement can be executed by even some of the heirs. However, as the remaining two heirs are not signatories to the family settlement none of the 7 heirs who have executed the settlement can claim to be the owner of a specific part of the property. Every heir is entitled to a fixed share but the share is not delineated. So unless the property is partitioned it cannot be developed.
2. The remedy for the 7 heirs is to file a suit for partition in the civil court to cull out the separate possession of their share and once that is done they will be free to develop or sell it,
Even if one of them oppose there can be no such agreement valid in law.
Actually after your grandfather's intestate death, his properties shall devolve equally on his own legal heirs.
If any of his direct legal heirs is reported to have died, then the legal heirs of the said deceased legal heir shall be entitled to a share of that deceased legal heir.
You, if one of the legal heirs of the deceased legal heir can file a partition suit and seek separate possession of your share in the property which will lead to a long stretched legal battle and this may cause concern and pain to other legal heirs or sharers
But any such drastic step only will bring an end to this ever growing frustrations
There`s no settlement at all until all the members agree and mere signing dose not mean, registered unless presented before sub registrar and stamp duty paid.
After Grand father`s death all son have equal share i.e. 1/5 each.
This way surviving son have highest share n his child have no right until he dies intestate.
You can sell ur share if that portion/property is in ur possession.
Hello,
Family settlement will not be considered valid until and unless the same is signed by all the legal heirs
7 of you must go to the civil court and file a suit for claiming the share that belong to each of the legal heirs
OR
You may first ask the other two legal heirs as to what do they want and why are they not agreeing the settlement proposed.
Regards
