• Property ownership

My grandfather bought a property in and around 1950s. Later he declared part of the property in the name of my grandmother. So 2 set of properties registered on their respective names. My grandmother made a will mentioning share of the property between her children (1 part herself, 1 part for my uncle, 1 for my father). She has 2 daughters as well for whom she did not give any share in writing. All 4 children are alive. Also other than this partition deed the property's registry etc is still not in the name of my father / uncle...it continues to be on grandmother / grandfather's name.
The next set of family is like below :
1. Uncle - wife but no kids
2. Father - wife and 1 son and 1 daughter both married.
3. Aunt 1 - husband died...4 kids
4. Aunt 2 - 2 daughters.
So finally who would be the final heir of both the sets of property...and what is the suggested way forward.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
1. The property was registered in the name of your grand mother who later made a will. When was the partition deed made then? What necessitated the partition deed when the will was already made? 

2. You have not mentioned if your grand mother is alive or not. 

3. If a will has been made by your grand mother of her properties then the will take effect after her lifetime. According to the will your aunts have no share in the property.

4. Your father and uncle alone have share in the property if your grand mother is dead. During their lifetime their children have no share therein.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) on your grand father demise each legal heir will have 1/5th share in property .

2) is the partition made by your grand mother duly stamped and registered? please clarify 

3) aunts will have share in property of their parents if no will is made or gift or alienation made during their lifetime by the parents 

4) father /uncle should make will so that on their demise there is no legal disputes . have will duly registered 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1) the document executed by your grand mother has to be perused for advice . 

2) without going through the contents of document executed by us it would all be guesswork 

3) it appears to be a deed of family settlement . it is necessary to be stamped and regd 

4) better consult a local lawyer 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. The property which was owned by the grand father as on the date of his demise will vest equally in all his children if no will has been made by him.

2. Batwaranama i.e Partition is not a will. However, the essential terms of the document in question have to be considered to know the nature of rights created by it. The property of your grand mother will now pass in terms of the document made by her.

3. Aunts can claim a share only in the property of the grand father.

4. The father and uncle, if they wish to pass on the property to their children, can make a will or gift deed in their favour. If they die without a will the property would vest equally in all the children of the deceased. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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If your grandmother is alive, no one would have any share since the Will will come into force on the demise of your grandmother. After her demise, only your father and the uncle would have a share in the property.If no Will has been executed by your grandfather, equal share would devolve on all the legal heirs. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1.The property as per will is transferred after the demise of the executor. How come your grandmother has executed keeping one part with her? If she has not willed 1/3rd portition of her property then all her children will have equal share on that portion of the property after her demise,

2.The property of your grandfather will be equally owned by all his legal heirs after his demise intestate, 

3. You have not mentioned whether your grand parents are still aklive or not,

4. If they have demised, then all the legal heirs of your grand parents should make settlement deed for the property of your grand faher and the above unwilled portion of property of your grand mother,

5. After executing and registering the above settlement deed, the legal heirs cum settlees can mutate their names in their  respective portion of the properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. As suggested in my earlier post, that unwilled portion will be co-owned by all her legal heirs,

2. No. It is not a Will. It is settlement deed.

3. Your Aunts have equal share on entire property of your grandfather who died intestate and also the unsettled portion of your grand mother's property,

4.In case of demise of your Father or Uncle, their shares of the their parent's property will be equally owned by their individual legal heirs even if they do not execute any will or deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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