Dear sir/madam, we have a land in Bangalore and it was owned by my father.. in 2006 he gifted me first floor area to construct and 50% undivided rights in the land. I have a registered gift deed. My father passed away in 2007 and did not write any will. With death certificate and declaration from legal heirs we transferred the Khata to mothers name.. I have a sibling who is a sister..now if we have to partition our property how does it work?
Deed of family settlement can be executed for division of property by metes and bounds
2) it should be duly stamped and registered
3) if your sister does not want share in property she can execute relinquishment deed to relinquish her share in property
See if there is partition then 50 percent property that is gifted by father to you is yours, Only the remaining 50 percent shall be divided between you , your mother and sister equally.
Dear Sir,
Your father’s gift deed entitles you to get the property as per its terms. In the remaining property you three are entitled to share equally.
Hello.
the area left after the gift deed shall be divided equally amongst the legal heirs as per the Hindu succession act.
if all the legal heirs are agreeing for division then the said division can be registered otherwise she will have to file a partition suit.
regards
Thank you very much. Gift deed says i have 50% undivided rights. Does that mean i own 50% share of the land too apart from the first floor?. If yes, then other legal heirs have rights only for the remaining area of the property?
Yes you have 50 percent share in land too. And the legal heirs just have rights over the remaining area.
You can execute a Registered partition deed between the legal heirs and divide the same mutually. Otherwise you need to file a partition suit before court
If 50% property is already transfer through gift then 50% property will be divide equally between legal heirs class1.
You have 50 per cent rights in land and own first floor too as per the gift deed
1. IF the 50% Land was Gifted to you, THEN Transfer of "FULL" Khata, to mother name, is illegal.
2. Land = 100% (to the exception of already Gifted 1st floor)
a) Gifted = 50%
b) Balance Land Remaining : 50%
c) Legal Heir : Mother, Yourself, Sister
d) Remaining 50% Land to be divided EQUALLY between Mother, Yourself, Sister
e) ONLY Remaining 50% Land can be Partitioned
f) Earlier Gifted 50% Land CANNOT be partitioned
3. Better to execute a proper registered "Family Settlement Deed", clearly outlining the Partition terms (or buyout terms), in the light of the fact that 1st Floor is gifted to you and whether the 1st floor falls within which 50% Balance Remaining land. This Deed would nullify the Khata entry and the Gift Deed, for clarity purposes and income tax purposes.
Keep Smiling .... Hemant Agarwal
Dear Sir,
Yes, you have 50% rights in the land and you cannot be excluded in the first floor.
Dear Client,
By virtue of gift deed, you are already 50% owner and after his death, rest 50% will inherit in his legal heirs including you equally.
1. Unless the gift deed is perused it is not possible to state what rights you have. Be that as it may, the gift deed results in an instantaneous transfer of property from donor to donee.
2. So far as the remaining 50% property of your father is concerned it has devolved through intestate succession on all his heirs i.e widow and children.
3. A partition suit has to be inevitably filed to cull out the separate possession of your share if there is no consensus among all heirs to divide the property amicably through a partition deed.
Since he has already transferred a portion of his property in your favor, the rest of property shall be treated as intestate succession.
The rest of the properties shall devolve on all his legal heirs including you, hence you and your siblings can execute a registered release deed in your mother's favor so that she will become an absolute owner of the other properties.
Your understanding is right. The other legal heirs have rights in the rest of the property only.
Your portion of property shall remain undisturbed.