• Property issue

my grand father has 4 daughters and one son  son has went out of the house and will not returned since 40 years my grand father has given one house to his elder daughter and another house to his 3 daughters and the house was not registered on the name of three daughters the elder daughter who is sister of my mother registered the house on her name because my grand father gives that house to elder daughter my grand father did not mention anything about other house in which his three daughters are living and the three daughters paying house tax since 40 years now son of elder daughter of my grand father asking his mother share on house in which three daughters of my grand father are living my mother is a third daughter of my grand father
Asked 2 years ago in Property Law from vishakapatnam, Andhra Pradesh
1) how was house given to elder daughter please clarify 

2)if no gift deed executed by grandfather in favour of his 3 daughters then each daughter would have 1/5th share in the house . 

3) in respect of son missing for so many years was police complaint filed that he is missing ? has he been declared dead? 

4)on demise of elder daughter her legal heirs can claim share in property standing in name of grand father 

5) merely because property tax is paid does not make 3 daughters owners of said house
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Hi,
1. The elder daughter has received  her share already and if it was given to her by gift or any other way of legal transfer by the grand father that has to be considered while going for the division.

2. if the elder daughter is not alive her rights in the shares will go to her legal heirs. They will have right in the undivided property of grand father. if the son of elder daughter is asking for share in the house in the possession of three daughters, the three daughter will have to file a partition suit to decide about the shares. In the suit the property which was already given to the elder daughter can be mentioned while going for a partition.The no- whereabouts of the only son should be clarified before the court  , follow the procedure to make sure that he and his legal heirs are intimated legally.This can be done through a news paper declaration calling  for his legal heirs if any.
3. It seems the three daughters have no title in the property , the tax a payments receipt is not a document to prove title and ownership. If the son of the elder daughter(if she is dead) goes to court for partition he can claim the share of his mother as the elder daughter has a share like others in the undivided property legally
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) In the absence of a Will after the death of your grandfather all his children would have equal right to the property. In other words ideally the property should have been divided into 5 equal parts.

2) If the grandfather during his life time had transferred the title of the property by a gift deed or any other form of transfer while deciding on division this fact can can be considered. In the absence of any such transfer the entire property will have to be divided into 5 parts.

3) If the eldest daughter has passed away her legal heirs can claim right on property that their mother would have inherited.As I said earlier even if the eldest daughter registered the house in her name that house too must become subject of division in the absence of document to prove how the property was transferred to her in the first place.

4) Regarding the uncle who has been missing from action for 40 plus years, a publication in leading news papers will have to be made, calling for response from possible level heirs of any.

5) Mere occupation and payment of taxes will not give title to property. Therefore 40 years of tax payment is not advantageous.

6) File a partition suit after talking serious regarding the missing uncle.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi, pls let me know whether the property of your grandfather was ancestral or self acquired and what way your grandfather was register the property in the name of first daughter either gift or will.

2. If no partion was taken between the family then all sons and daughters have equal rights over the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Understand that a gift deed was executed in favour of the elder sister which was registered,

2. Also understand that there was no deed executed and registered in favour of the three sisters,

3. In that event the house of the three sisters can be claimed by all the 4 sisteres and the brother i.e. all will have 1/5th share of the property. Payment of property tax for years doesnot entitle anybody to claim the property,

4. There shall have to be a missing police report and publication of the same in local News Papers wherein it shall have to mentioned that if no information is received about him within specified period, he will be presumed as dead.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. How was the house given to 3 daughters? Was it by way of a gift deed or family settlement?

2. If the house that was given by your grand father to his three daughters has not been registered in their favour then the daughters are not the legal owners of the house. 

3. The ownership of the house would have passed to the daughters only once the deed was registered. 

4. In view of the fact that the ownership to the house had not passed to the three daughters, the son of the elder daughter is well within his rights to claim the share of his mother in the house in question.

5. That the daughters have been living in the house and paying property tax, etc does not make them the owners.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1) first house cannot be divided as gift deed was execute by grand father in favour of his elder daughter . 

2) in respect of second house no such gift deed executed in favour of 3 daughters . 

3) hence all legal heirs have 1/5th share in said house . 

4)merely staying in house for 40 years does not give ownership rights for 3 daughters . 

5) enter into out of court settlement with son of eldest daughter wherein on payment of his share in terms of money he agrees to sell his share in favour of 3 daughters . 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1. The three daughters can not acquire the ownership of the house if the house was not willed, settled or gifted in their favout legally,

2. You can not stop others to file a partition suit. You shall have to contest it,

3. Why should you prove that the 1st house was not gifted to the eldest daughter when it was gifted to her through execution and registration of a gift deed? It is not possible either,

4. The 1st house has already been gifted to the eldest daugher for which it has become her property. Under no circumstances, you can now lay your claim on any share of the 1st house.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The three daughters become the lawful owner of the house in which they are living for 40 years only if there is a sale deed, gift deed or any other instrument of transfer of property executed in their favour. Occupying a property for any duration does not make the occupant the lawful owner, whereas an instrument of transfer of property transfers the ownership even if there is no subsequent occupation of the property by the owner. The elder daughter's son is at liberty to file a suit for partition to claim the share of his mother therein.

2. The elder daughter is the absolute owner of the second house if a gift deed in respect thereof has been made in her favour. If you have a reason to believe that she does not have a valid gift deed in her favour then you are free to file a suit for her eviction.

3. It is advisable that all the concerned legal heirs enter into an amicable settlement founded on a mutual recognition of each legal heir's share.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1) if as per will property bequeathed to 3 daughters equally then you have to apply for probate of will .

2) if any false statements are made in sale deed then any legal heir can challenge the sale deed and move court for setting aside same . 

3) in your case in sale deed false statement made that there are only 2 legal heirs but in reality there were 5 legal heirs . 

4) sale is vitiated by fraud and case of cheating can be filed against 2 daughters 

5) better go by advice of your lawyer who has perused all the documents mentioned by you 
6)  deed of cancellation has to be executed  by the 2 daughters of sale deed
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1. It is very difficult to understand your query,

2. The document registered by the sisters in favour of the neighbour is invalid,

3. If you have found the will, then file an application for getting grant of its probate,

4. Once you get the garnt of probate of the will from the Court then the said three sisters will become the legal owner of the said house and they can do whatever they wish to do with it.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Without perusal of the documents in question it is difficult to form an opinion.

2. You have stated that the younger daughter i.e C transferred the ownership of the house to B through a sale deed. If C transferred her share to B then latter became the owner of the share of C. C cannot claim any share in the house as she has sold it to B.

3. However, C could have sold it only if she were the owner of the house. C had no authority to declare that her parents did not execute a will. Her statement, if any, cannot oust the rights which arose out of the will. 

4. The lawyer has rightly told you that nobody can sell a property unless he is the owner thereof. 

5. The document which you have registered does not seem to be legally valid.

6. That three of you took care of your parents without any support from your sibling who lived far away is no ground on which you can oust the share of the elder daughter.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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