• Claim grandfathers property

Sir, my grand father died 60 years back, he got 2 wives (both are died) each wife got 1 son, fist wife son A (died) second wife son B ( died), A person got one wife (alive) , 4 sons, 1 daughter. Person B got 1 wife (alive) 2 sons, 4 daughters,( me one of the sons) grand father had lands in his name, how to claim the documents or get it transferred to grandchildren and my brother forcing me to purchase his part (orally divided share)now and says will co-operate for documents transferred can i purchase before documents transfer
Pls help me
As per Karnataka agriculture land rules
Asked 8 years ago in Property Law
Religion: Hindu

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20 Answers

A oral family agreement/ settlement can be considered in court but require strict proof.Also no sale deed can be executed till the title.is not.clear with person for future property.

So better to divide land and than purchase.

You can file a suit for partition and the property shall be divided and share can be allowed than you can purchase the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After one year of death a magistrate certified order can only get you death certificate.

You to file before Magistrate for death certificate and stating reason of delay along with following documents.

An affidavit specifying the date and time of death

The required fee in the form of court fee stamps

A copy of the ration card

The person who is applying for a death certificate is required to provide the evidence of relationship with the deceased, complete address and proof of nationality.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Try to remember the nearest incident of past where you would have disclosed your father’s as well as your grandfather’s name.

Then show the relation before the concerned authority that you are descendent of the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

All of you need to make a partition deed as per your agreement for the partition of the property including the property your cousin want to sell to you. In the deed you include the property in your share and all the parties to this agreement should sign.

After that you need to file a partition suit to recognise the deed and effect the partition accordingly after the witnesses of all the related parties. Please hire an advocate for your help in the partition deed and for the case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Oral agreement is not valid in your case I mentioned above as the title of.property.is not.clear.

Your.family can make a.partition arrangement for appropriate.share of each heir make deed for same and file.a.partition suit.

And thankyou for your valuable feedback.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your Partition or sharer information will be done as per The Hindu Succession Act,1956. as below

Hindu Succession Act

Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with.

The law of intestate succession is concerned with matters as to who are the Heirs, what are the rules of preference among the various relations, in what manner is the property distributed in case there is more than one heir and so on.

Intestate succession - A person who dies without making a will is known as intestate. An heir is a person entitled to inherit property after the death of the intestate

The Hindu Succession Act applies to the whole of India except the State of Jammu and Kashmir.

The Act applies to all Hindus, Buddhists, Jainas, Sikhs and to any other person who is not a Muslim Christian, Parsi or Jew.

Special marriage act

If a Hindu marries a non-Hindu under the Special Marriage Act, he shall be severed from the undivided family. However if two persons who are Hindus get married under the Special Marriage Act no such severance takes place.

If a Hindu marries a non-Hindu under the Special Marriage Act succession to the property of such person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under the Special Marriage Act the above provision does not apply and they are governed by the Hindu Succession Act.

Below are the Class Ist Heirs (Class I heirs have equal rights in the ancestral property.)

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

For get registered your names as title on property, you have to visit circle officer or sub registrar office and make application of all legal heirs on property card as mutation.

After registering all names, than you can make gift deed or purchase your brothers share by way of sale deed or POA.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can do mutual agreement of share between the heirs or can file suit by way of judicial partition before Court.

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

1) you should apply for mutation of land in name of legal heirs

2) enclose death certificate of grandfather , grandmother, 2 sons

3) enclose latest receipt of payment of property taxes

4) don’t purchase your brother share now

5) you have one thirteenth share in property

6) if there is no objections received mutation would be done in name of legal heirs

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

Without death certificate you would not get mutation of land in name of legal heirs

Documents required

Proof of birth of the deceased

An affidavit specifying the date and time of death

The required fee in the form of court fee stamps

A copy of the ration card

The person who is applying for a death certificate is required to provide the evidence of relationship with the deceased, complete address and proof of nationality.

2) An evidence of death is required either in the form of a hospital letter where death took place or a certificate from a civil official who certified the death at either the crematorium or burial ground

3)if the death is registered after a year, the applicant can get the certificate by order of a first class magistrate only, which can be a lengthy process. For this, the applicant will need the Cause of Death Certificate, Cremation Certificate and an Affidavit.

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

You would need court orders for issue of death certificate as grand father , father expired 15 years back

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

Dear Sir,

Your issue cannot be said online in few sentences. However getting death certificates please follow the following and then contact me in person for further guidance.

Please visit the links.

Registration of Births and Deaths Act, 1969

http://des.kar.nic.in/docs/crs/RBD1969E.pdf

13. Delayed registration of births and deaths (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified there for, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.

BBMP PROCEDURE

http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. If you want to get the documents of title of the property then you may apply for a certified copy thereof in the office of sub-registrar.

2. Your brother cannot force you to purchase his share, albeit nothing stops you from purchasing his share. He can sell only his share, not over and beyond it.

3. The certified copies of death certificates of your father and grandfather can be obtained from the office of registrar of births and deaths if the deaths have been registered.

4. The procedure to file a suit is simple-Engage a lawyer/

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Your brother can release his undivided share of property in your name by registering a Release and relinquishment deed in your favour.

please approach the registrar of births and deaths for the death certificate of your father, if register the authority can issue a certified copy or you may file an affidavit stating that your father has died on ___ date.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Hello sir , not order to Claim your share in the ancestral land you have to file a civil suit for declaration in court

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Please note if property is not divided all you people can file suit for partition after getting decree from court you can buy share of your brother oral partition has no value as such better tofile a suit for partition.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Get the property mutated in the name of the legal heirs son A and B.

You will need the death certificates of A and B and some other documents/identification demonstrating the relation between the deceased and their legal heirs.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Contact a local lawyer to get this property transferred in the name of all the legal heirs.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Basically this property belonged to your grandfather.

Upon his death the property devolved on his sons from both the marriages.

This means that each so shall be entitled to 50% each in their father's property.

Upon their intestate death their share of properties shall devolve on their respective legal heirs.

No the legal heirs have to first divide the properties into t equal parts and one side to avail their share while the other the other part.

After this the respective legal heirs have to once again partition their respective share by mutual parition and get the partition deed registered.

If anyone wants to relinquish his/her rights in the properties, they can execute a registered release deed in favor of any chosen person or in general.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

I dont have my grandfather and my father death certificate my father's died 15 years back how to get those certificates

You can apply for death certificate from the concerned authorities.

If they decline to issue the desired certificate for any reason they may cite, then you may approach judicial magistrate court seeking direction to the concerned authorities to register the death certificate and issue the same to you.

You may have to produce relevant details in the application for death certificate to be filed before court.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Comlete Procedure for suiting file as per karnataka rules

For filing partition suit, you need to have the title documents that are in your grandfather's name, you have to produce the death certificates of those who owned the properties and subsequent owners too. Tax paid receipts, family tree certificate, id proofs along with the plaint of the suit.

For further details you can contact your advocate or any other advocate who would be willing to take this case.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

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