• Partition of ancestral property.

My Grandfather had four sons. 

1. First son (A) has gone missing since last 25-30 years and has three sons (A1, A2, A3). A1, A2, A3 and their sons acquired properties from other sources of incomes (business/ private service).
2. Second son (B) went missing while he was unmarried and his whereabouts is not known since last.60 years.
3. Third son (C) is unmarried and is on death bed at present. 
4. Fourth son (D) is no more and has one son (D1, i.e. myself). My father i.e. D and myself i.e. D1 also acquired properties from other sources of incomes (govt. service). Joint house was constructed by my father on a land which was in joint possession of A, B, C and D. When the home was constructed, A and B had already gone missing but A1, A2 and A3 were present. Now, A1 and A3 are no more but both has one sons each, who are there.

Partition of ancestral property (agricultural land and house) has not taken place till date between A,B,C and D. However, I my nephews (A1, A2 and A3) are using the property since last 25-30 years. I have also come to know that C (who is unmarried and is on death bed at present) has given his property to either one or equally to all A1, A2 and A3). I did not interfere in these matters till date because my father was alive and I did not think appropriate to do so while he was there. 

My question are:

1. Whether C has the right to give his property to his nephews without my or my father\'s consent?
2. What is my share in the land and house a per Hindu law?
3. Can I claim my share now? What is the procedure?
4. Whether properties earned by my father, myself, or my nephews will also be partitioned if I initiate the process now?
5. How do I know the actual details (measurement of land, plot number, etc.) of ancestral property?
6. What if some of the legal hires has sold off any property without consent of others?
7. Is there any way by which, I can sell off my share to somebody in as is where is basis and he in turn takes up the legal battle?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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8 Answers

Dear client, 

C can absolute authority to give his share to any of his choice via registered gift/release deed. No consent require.

1/4th of your father share. Hope no great grand child if yes than it will distribute equally between all and you will get your father share too.

Partition suit if no amicable settlement.

Self acquired will inherit in you and your self will stay with you.

Can apply for certify copy in revenue dept. Will get full details.

Any can sell his share.

You can sell your share.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Yes C has right to give his undivided share without consent of your father.

2. You will have share in D that is yours father property. 

3. Yes since your father is not there you can file partition suit for share in fathers property.

4. No your self acquired property shall not be partitioned.

5. You can get certified copy of the land documents from the department along with maps.

6. You have to file suit for your share and cancellation of sale in the civil court.

7. You can sell your undivided share after you name is mutated in the name records. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) C can execute gift deed for his share in property without you or your father consent 

 

2) you can file suit for partition for division of property by metes and bounds 

 

3) your self earned property would not be partition ed 

 

4) take search in sub registrar office to obtain details of your ancestral property 

 

5) you can sell your share in property without consent of other legal heirs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Yes there should be three partition only but since B is not traceable but his death certificate is not there so declaration of civil death has to be taken from the civil court.

'2. Yes your understanding is absolutely correct further she if wife of A or D that is your aunt and mother are there they will also have share and sisters if any shall have there share too.

3.See first the land when partitioned shall be transferred between brothers and your father and then since your father is not there it will be further mutated in his legal heirs name based on the application the revenue record shall be mutated 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Has missing complaint been filed about the missing son 

 

2) whether after 7 years any petion was filed in district court that missing person presumed to be dead on the ground that he has not been heard of for last more than 7 years by the persons who would have normally heard of him

 

3) if so then ACD would have one third share in property 

 

4) your understanding is correct except on your father demise his share would devolve on your mother , you abd your siblings 

 

5) apply for mutation of property in your name 

 

6) enclose father death certificate 

 

7) notice would be issued to other legal heirs 

 

8) if no objections are received mutation would be done in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes  , B share will distribute in his brothers and so in u B share of ur father.

Apply for legal heir certificate and on the basis of it, father share will mutate in you.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  There is no illegality in it, he has transferred his own property to the persons of his choice which cannot be questioned by anyone.

 

2. You, your mother and your siblings areentitled to your father's share in the property.

 

3. Your father's share devolves equally on all his legal heirs, hence you can claim your share in it, by filing a partitiuon suit if there is no chance for any amicable partition among the legal heirs.

 

4. Your father's properties and your properties will not be combined with your nephews' properties. They are different to that of yours.

 

5. You can confirm it from the original title deeds.

 

6. You can file a partition suit inwhich the buyers also can be impleaded as parties to the suit.

 

7. It depends on the buyer who would like to buy your undivided share 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.  You are right that you can go for three shares alone untile the missing soin emerges at a later date no complication would arrive.

 

2. Your understanding is correct.

 

3. On the basis of  partition and separate possession of your share in the properties you can apply for mutation of revenue records in respect of your own properties to your name

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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