• Ancestral house

My Great Grandfather had built a house in our native village in 1908 in which and he my Grandfather lived all their life. My Grandfather was the only Son of his father. My father had 4 other brothers and they had partitioned the house after the sudden death of their father in 1978. My Father lived in his portion after his retirement and passed away suddenly in 2008. On perusal of the Papers left behind by my father, i could not find any original Documents like Title of the Land, Registration of house nor even the Partition Deed of my father and his siblings. The only thing i have is the House Tax Bills and Receipts which are n my Father's Name. My father did not leave a WILL behind. Me and my Sister are his children.
How do we establish our Right to our Father's share of the house? Does my Sister too has an equal right in this house?
Phani G
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

1)once partition has taken between father and his brother your father would be absolute owner of the house

2)it appears it may have been oral partition

3)it appears mutation of part of house has been done in your father name

4)take search in sub regsitrar office and obtain certified copy of title deeds to the proeprty

5)on father demise your mother , you and your sibling would have equal share in the house

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

succession certificate is only for movable debts and securities

you can obtain letters of administration from district court as your father died intestate

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello sir , in absence of WILL the property equally gets transfered to you and your sister as per Hindu succession act .. you have to file a suit for succession certificate from court in order to get the property transferd on your name

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

oral partition is valid

an oral partition may be effected without an instrument in writing

3) the fact that mutation of house was done in your father following such partition is evidence of such partition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

How do we establish our Right to our Father's share of the house? As you father died intestate(without leaving a Will), the devolution of the property is governed by the Hindu Succession Act.

S.8 of the Act defines the rules of succession in case of males dying intestate:-

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

S.10 of the Act defines the distribution of property:-

Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share.

Therefore, both of you are entitled to equal share in the house as your father died after 2005. You can establish your possession by showing the tax bills, ration card and any other address proof. Also, try to obtain certified copies of the previous documents from registrar office. Obtain legal heir certificate and file a suit for declaration in the court that the property in question belongs to you and your sister. The court will pronounce the decree after paper publication that the property belongs to you and that decree shall be sufficient proof of your title to the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. On the demise of your father his share in the house has devolved through intestate succession on his Class 1 heirs i.e widow and all children. The share of your sister is at par with yours.

2. Obtain the certified copies of the original title deed, partition deed executed between your father and his siblings by conducting a title search in the office of sub-registrar. If the title is clear then you are free to sell the property. All the legal heirs of your father will have to execute the sale deed in favour of a prospective buyer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Legal Heir or Succession Certificate is not required.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since the same happens to be a self acquired property of your father (because he acquired the same through partition), therefore your sister will have equal share in the property. You will have to file a suit to obtain succession certificate and thereupon the mutation can be done on the name of the Legal Heirs.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you will have to obtain legal heir certificate.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After obtaining the succession certificate, get the property mutated on your name and sell it off.

If it does not happen then file a declaratory suit to obtain an order that the land now belongs to you and then sell the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Oral partition cannot be proved, unless registered. Partition should be registered. As no documents are available, only recourse is to get a declaration from the court as said earlier after obtaining legal heir certificate.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

How do we establish our Right to our Father's share of the house? Does my Sister too has an equal right in this house?

The fact is that your father and his brothers partitioned the property inherited from their father among themselves either by a written or oral partition.

This fact is known to everyone and moreover there is an evidence of the property taxes paid on your father's name.

With this you and your siblings along with your mother can either apply for joint mutation or can partition your father's properties equally and amicably among yourselves.

Your sister is having a right to a legitimate share out of your father's share in the property

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Do I need to obtain Legal Heir or Succession Certificate(s)?

It is always better to obtain legal heirship certificate if you would like to apply for mutation of revenue records.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Being a very old Property, i doubt if it all it was Registered at all. If i can't find it there, what recourse do have? I am asking this because i want to Sell our portion of the house and the Buyer may insist on some Documentary proof of our Ownership. Is Oral Partiition valid?

To create a documentary record, is it better that you people draw a partition deed or a family arrangement deed and get it registered before the local sub-registrar's office.

This can be drawn from the inference of an oral parition made earlier among your father and his siblings.

The registered document thus created will be sufficient for the buyer to buy the property by a registered sale deed,.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) you will find all related documents in grampanchyat, which refers with 7/12 Extract copy in Maharashtra its called 8a, so check what similar its called in Telangana.

2) If bills and receipts on your father, than 50%-50% share will distribute in ancestral property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes, your sister too has a right in this property.

You, your mother and your other brothers and sisters have an equal share each in this property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, obtain a legal heirship certificate so that the names of all the legal heirs can be mutated against the name ofo your father.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear,

Yes. After the demise of your father, you and your sister have equal rights in your father's property.

In order to claim your share in the property, you have to obtain Legal Heir Certificate which you can get by filing a suit in the civil court of jurisdiction. As you are saying that the property is not registered then how come the property is on your father's name and the house tax bills and receipts on your father's name.Visit the sub registrar's office and get all the details pertaining to the property. Oral partition is valid if you have evidence to prove it. Evidence such as deposition of the shareholders who were allotted the shares in the property or those acquainted with the partition or the entry in revenue records that reflect the partition.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

Paying the House taxes on property does not give anyone ownership rights. Ownership of a property is transferred by way of a deed.

As per you the house was partitioned among brothers after the death of their father . It may be by way of Oral Partition among brothers and further your father came into the possession of the same after his retirement but it is clear that he was having his possession from date of Partition of the property.

Oral partition is valid in the eyes of law provided that the parties to the same stick to it and agree to it and uphold it.

Hence ,it is clear that your father was owner of the property in his possession by way oral partition and that was the cause , he was paying house tax gently and further after his death his legal heirs ie. you and your sister become the share holder equally as per Hindu Succession Act .

You should apply to Registrar for getting the documents of the said property by showing the house tax bill and other address proof of the said property in possession .

Further , after getting the documents apply for LR certificate from the Municipal corporation or authority.

Further ,to create a documentary record, you both can registered a Partition Deed/Family settlement Deed. This deed has legal value in the eye of law and even Bank sanctioned loan on this deed as well , So this document is also valid to transfer the property to purchaser..

Succession Certificate is only for movable assets.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

1. First of all you shall have to collect the proof of title of the said property and ascertain on whose name the property still stands, by conducting a property search from the Registry office.

2. You are expected to get certified copy of the partition deed registered by your father and his brothers.

3. After laying your hand on the certified copy of the said partition deed, you can partition your father's share amongst the legal heirs of your father by further registering a partition deed.

4. Your sisters have equal right on your father's share of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. For movable properties like Bank deposit, share certificates etc., Succession Certificate is required.

2. For immovable properties like land and building, legal heir certificate is required.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If certified copy of the partition deed is not available from the Registry office, get a partition deed executed and registered, get the said partition deed registered now by taking signature of all your Uncles and the legal heirs of your father to legitimise the said oral partition.

2. Oral partition is not valid unless such oral partition is regularised on a later date by registering the partition deed based on the said oral partition.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If they are not giving you your legal share you can move to court for suit of partition. Your sister also has legal right over the said property.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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