• Property distribution among brothers

Dear Sir/Madam,
My father bought agricultural land in the name of my Grandfather and currently is in his name (grandfather). My grandfather expired in 1991 without will.
1) Ancestral property + property which my dad purchased was distributed among 7 brothers in 1992.
2) Tough it was divided there was no unanimity regarding distribution and is still unresolved.
3) My father is eldest and now want to redistribute to which all 5 brothers agree except one who earlier had got bigger share, and he is neither agreeing to meet for discussion.
please help me with the following,
a) can the property bought by my dad in grandfathers name transferred to my dad's name?
b) Apart form 7 brothers(uncles) there are 2 sisters, will they also have equal share?
c) If my dad divides property equally is there any chance that my uncle who is not agreeing go to court for stay.
d) what are the best options to settle this.
Thank you in advance.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Yes, But will need court declaration.

Yes, property will inherit by 1/9th share each.

He can go, but as there was no actual partition by equal share, no remedy from court.

Partition through meats and bound, sisters shall release their share.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Once the partition deed was executed it cannot be revoked or will not do the re-partition because of encumbrances and khathas are transferred in the name of respective share holders as per partition deed. If any dispute with regard to share it will be challenge before the jurisdictional Civil Court. In your matter you will do it. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hello sir , the property will get equally distributed among all th 7 legal heirs as per Hindu succession act .. If your uncle is not agreeing for equal share , it is advisable to file q civil suit for partition

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) property bought by father in grand father name can be transferred in father name after consent of his siblings

2) sisters will have equal share in property

3) deed of family settlement should be entered into duly stamped and registered

4) if brother does not sign deed of settlement he can go to court and seek stay

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

a) can the property bought by my dad in grandfathers name transferred to my dad's name?

Answer: Yes it can be and will be in your father's name since it is self-acquire property;

b) Apart form 7 brothers(uncles) there are 2 sisters, will they also have equal share?

Answer: As per the Hindu Succession act and the 2005 amendment yes they will have equal share as all you are Class-I heirs;

c) If my dad divides property equally is there any chance that my uncle who is not agreeing go to court for stay.

Answer: Yes he can go to court and get a stay order. But before that you can approach court and file an inunction against him;

d) what are the best options to settle this.

Answer: Engage services of a lawyer and read my other response below:

his is my response to you:

1. You can send a formal letter requesting hi m what the share should be?

2. If he does not respond then issue a legal notice;

3. If still not then file a suit in the court for injunction against your uncle.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. the property cannot now be transferred. However your dad has 1/9th undivided share in that property

2. the sisters will have a share only in the self acquired property of your grandfather and not in the ancestral property

3. the uncle will fail eventually. if division is being equally, even court will not grant him any stay

4. a family arrangement/settlement OR file a partition suit in court

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) All legal heirs will get equal share in the property, Here ancestral and your father which purchased on your grand father's name.

2) All brothers and sisters will have equal share in the property of fathers.

3) No now your father's purchased property on your grand father's name won't be transferred only relinquish deed can be transferred by all bothers and sisters on your father's name.

4) Your father can distribute property equally among all siblings this is best option.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) If your father is able to establish that the payment are made by him then he can file a suit for declaration that your father is owner of property but since the time has elapsed and grand father is no more there are less chances to succeed.

2) They have equal share in self acquired property, as father expired before 2005 so no right of daughter in ancestral property but they shall have right in self acquired property,

3. yes you uncle can go for stay, but in this case it is better that since that uncle got bigger share you all go to court for partition and let court pass decree of partition by meats and bounds.

4. By mutual consent make an partition deed divide the property and settle if not then file a partition suit and let court divide property equally.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

a) Not impossible but not practicable.

b) 9 persons having share.

c) He may go to court but there are so many smart ways to overcome the situation or to resolve issue earlier.

d) in Rajasthan there is a saying that 'Band (notorious) entitle double share'.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. yes it can be transferred to your dad's name.

2. Yes the sisters will have the share in the property.

3. Yes he can go to the court for stay and it is advised that you file a caveat in advance so that no ex-parte stay is granted by the court.

4. talk to the elder brother and ask him to settle the matter mutually.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Was there a registered partition deed executed? If the answer is no then the property continues to remain undivided.

2. The property was bought by your dad but he got it registered in favour of his dad, resultantly your dad has a 1/9th share therein (1/10th if your grandmother is also alive). Your dad is not the absolute owner of the property as he is just one of the legal heirs, not the sole surviving heir.

3. The share of daughters is at par with that of sons in the property of their father in respect of which he died intestate.

4. Registered partition deed can be executed to amicably divide the property. The aggrieved legal heir can surely go to court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The property might have been purchased by your father but the sale deed was registered on your grandfather's name hence it becomes your grandfather's property.

Your father cannot claim the title on that basis.

If one of the cosharers is not agreeing for an amicable partition then the relief is available only by filing a partition suit before a civil court.

Your father's sisters are also entitled for an equal share in the properties

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

a) can the property bought by my dad in grandfathers name transferred to my dad's name?

No

b) Apart form 7 brothers(uncles) there are 2 sisters, will they also have equal share?

yes

c) If my dad divides property equally is there any chance that my uncle who is not agreeing go to court for stay.

yes.he may bring the stay order

d) what are the best options to settle this.

Mediation may be the best method.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

Dear Sir,

My answers are as follows:

In my experience as Judge I faced similar situations where the eldest son always purchases properties in the name of their father or mother and at the time of partition he won’t get it. The solution is to file case for declaration claiming that property exclusively as entire consideration was paid by your father and only for name sake it was registered in the name of grand father.

a) can the property bought by my dad in grandfathers name transferred to my dad's name?

Ans: You have to file suit for declaration.

b) Apart form 7 brothers(uncles) there are 2 sisters, will they also have equal share?

Ans: Yes, if they went to Court but they will have to wait for so many years.

c) If my dad divides property equally is there any chance that my uncle who is not agreeing go to court for stay.

Ans: Yes, Your uncle may approach Court and court will re-open earlier partition and declare that all properties except property purchased by your father in the name of your grandfather are to shared.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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