• How to register deceased grand mother's self acquired property

Hi, We have a property(bought as land and a house constructed afterwards) on my Grand mother's name and she passed away long back in 2004. My Grand mother had two sons- a) in 2001, elder son is passed away who was married and had a boy and girl children b) younger son, who is also married and with two male children and a girl. Before the death of my father and grandmother, properties were partitioned among family members and it was written on Bond Paper but it was not registered. What is the legal value of that bond paper which is written in 1997 but not registered?

I'm the son of elder son of my grandmother and I want to legally register a house which came to my dad's partition and still it is on My Grandmother's name. Who are the legal heirs mandatory need to sign while doing registration? I fear that, my brothers who are my uncle's sons might create issues in future. What kind a deed is preferable for registration and what are the precautions to be taken to avoid any future litigation. Please be kind advise best solution for my situation. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

11 Answers

The family settlement (partition) the bond is binding evidence.even if unregistered if signed by all legal heirs interested in property.

Based on the family.settlement bond you can file for.mutuation that is transfer of title of property in you.name by giving application along with the family settlement death certificate.of.father grand mother your surviour certificate and other ID proofs. Also you need a noc from.your.sister as she will also have right in property if your.father expired after 2005.

If the mutuation is rejected than you.can file.a.declaration suit in the civil court for.declaring title of property in your favour by submitting requisite documents and family.settlement bond.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1)partition deed which is not stamped and regsitered is in admissible in evidence

2) on grand mother demise younger son and deceased elder son wife and children would inherit her property

3)to register house in your name you need consent of elder son legal heirs ie your aunt and her children

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

1) You have rights as per the partition done, show the demarcation to the municipal corporation people or grampanchyat and start paying house taxes accordingly and then automatically the property can be transferred on your name.

2) apply for the legal heirs as per the Hindu Succession Act, and registered all legal heirs name on property and than get partitions done show them bond at them time how much share is coming in your portion. First take possession as per the partition your father and grandmother did, that is best way.show possession is your on all partition share.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

The partition was done in 1997 on Bond Paper but not registered. You have not mentioned how the properties were partitioned among family members before the death of your father and grand mother. However, based on the partition done in 1997, make a new partition deed. First party shall be your mother, yourself and your sister and Second party shall be your aunt, her two sons and daughter. Get it registered and there should be no dispute. Get prepared two partition deeds in original on paying the stamp duty and both party keep one partition deed.

Dalip Singh
Advocate, New Delhi
1024 Answers
35 Consultations

5.0 on 5.0

You have to file a partition suit in this matter along with family settlement deed, rest court will do everything.

Good Luck / All the Best.

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Firstly you have to prove your partition which was written on Bond paper accordingly all of you get register it.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Hi,

The registration is done registrar's office. However, it is suggested that you also get the complete property legally partioned and the bond paper be legalised/stamped with notary in order to avoid any future litigation/complication.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Since there was a partition deed drawn earlier in the year 1997 and as per the same the properties were divided between two sons of your grandmother and they were in possession and enjoyment of their respective share of properties, the legal heirs of the respective share holders can now either draw a partition deed on the same lines and get it registered and get the proprieties transferred in the revenue records and other records accordingly.

Alternately, on the basis of the unregistered partition deed, you, your siblings and your mother can give a joint application to the revenue department to transfer the revenue records in respect of your share in the property to your names from your grandmother's name and have a separate sub division number to your share of properties commonly in all your names.

If at all there is a dispute raised by the other side, then you can file a partition suit seeking partition and separate possession of your respective share in the entire property.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

1. The said bond paper can be enforced in the court of law.

2. A partition suit will have to be filed before the court, all the legal heirs will be a party to the same and then only you can take your share of land.

You can not take your share of the land without the partition of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

Dear Sir,

As per your version and above facts, the partition deed has to be registered before sub-registrar officer concerned to give legal effect. Partition deed is sufficient to change the name of your grandmother name and include your family members name. It is better to execute and register Release Deed by your uncle's children in favour of your family members.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

Dear Client,

Court have even upheld oral partition, so relevant document of partition.

Under law inheritance, u along with other sibling and if mother alive are equal share holder in father`s property.

Mother and other siblings can execute release/relinquishment deed in your to surrender their share in u, this way u will become absolute owner of father` share. and on the basis that and partition bond, transfer it in your name,.

And if any objection than approach court on the basis of partition/possession/release deed to validate your inheritance in father` share.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer