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
Reply by Advocate Yogendra Singh Rajawat: 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.
1. As I said, one of the four sons of my grand father (B) is not traceable since last 60 years. He was unmarried at the time of disappearance and hence, has no family. Under this circumstances, number of hires remain three only. If I am I correct, then there should be three partitions only. Am I right?
2. As I said, A has three sons (A1, A2 and A3) and D has one son (D1). C is unmarried and is in death bed at present. A1, A2 and A3 has one sons each (A11, A22, A33). A11, A22, A33 has 2, 2 and 1 sons respectively and are minors at present. As per my understanding, since B or his family is not there, property will be first divided in three parts between A, C and D. Then, A's property will be divided between A1, A2 and A3. C can give his property to anybody. D's (i.e. my father's) property will be inherited by D1 (i.e. myself). Is my understanding correct?
3. How to get my name mutated in the name records? Do I need consent from other heirs or the authorities will do it on my request?
Asked 7 years ago