1. The third daughter can file for a partition suit of.the property before the court even after the 10 years as on partition no limitation is there and for cancellation of transfer by grandmother to two daughters as since she was not complete owner she cannot transfer it to only two daughter so file for partition before the court.
Tehsildar or MRO. Grandfather passed away intestate
My grandparents have three daughters and no sons. My grandfather passed away intestate and all property was transferred to my grand-mother within a year. 1. I have read that the property should be shared equally among all legal class-I heirs in such cases. Is transferring all property to grandmother correct in the absence of will? 2. During mutation process, a letter was submitted to Tehsildar which states that they have three daughters. Can tehsildar have power to proceed for registration in such cases (he was informed that they have three daughters + grandfather died intestate) 3. This mutation happended 14 years ago, can it be challenged? 4. She has distributed her entire property to two younger daughters equally before she passed away while third daughter did not get a share. Can third daughter fight for her share (this mutation happended 10 years ago)?
Asked 6 years ago in Civil Law
16 Answers
NO, it will transfer by 1/4th each.
Even after informing about 3 daughters, transfer in single name is illegal.
Yes.
3rd daughter have to file partition suit but rare possibility of admission of suit due to limitation. When grand mother died ?
Dear client,
You may challenge the mutation. If one dies intestate, then property is shared equally among all the children and wife. Tehshildar can not do it on his own. He must follow the rule. He must has taken bribe for that mutation.
1. There is no problem in transferring the property to the grandmother's name for the time being until and unless there is a claim from the first class legal Heirs they don't lose their shares in the property even if it is transferred is the name of grandmother.
2. This is very normal in case tahsildar has not considered that later and transfer the property in the name of mother the legal hairs have their rights intact.
3. The mutation can be challenged and the property share should be claimed.
4. the distribution of property among two legal Heirs is invalid because there is no NOC from III legal hair for this can be claimed through a civil suit
1) on grand father demise your grandmother had only one fourth share in property
2) mutation does not confer title to property
3) third daughter can file suit for partition to claim her share in property
1. It is not clear by what means and how transferred all the properties in the name of your grand mother . On death of your grand father all his properties were liable for equal division among all hs children and widow. Now all his children may though gift their undivided shares in the name of your grand mother to make her sole owner of all properties.
2. Yes, on the basis of NOC from all legal heirs and gift deed in the name of your grand mother Tehsildar can do so.
3. Yes
4. Yes, third daughter can file suit for partition. It appears your grand mother did not become sole owner on the basis of any registered gift deed or deed of relinquishment and if that is so then your grand mother could have distributed the properties as per her whims.
Yes it's illegal and can be challenged stating that you got the knowledge now.
thank you for the answers. 1) How the NOC be obtained from third daughter? Is it a separate document need to be signed by the third daughter in the presence of notary, etc or a witness sign in the registration document during the mutation by the third daughter is treated as NOC? 2) To my knowledge, the witness signature on the registration document says that the settlor and settlee are physically present on the day of registration and does not refer to neither the knowledge land details or acceptance of property transfer. Is it correct? 3) What is the procedure for obtaining NOC (assuming one is ready to sign) Grandmother passed away in second half of 2013. Thanks.
Asked 6 years ago
You need go execute registered relinquishment deed for relinquishing her rights. Normal noc will not be valid.
Letter from daughter that she has no objections to transfer of property has to be submitted to the revenue authorities for mutation of property in name of grandmother
2) witness signature on registration document only deposes as to presence of the parties and not to the contents of the documents
1. Relinquishment deed registered with the subregistrar required from third daughter.
2. The deed nind to be registered and stamp duty need to be paid.
3. A relinquishment deed can be registered with sub registrar by paying registration and stamp duty.
Mutation record is not a title document.
Your grandmother cannot transfer the entire property to her two daughters alone as per desire.
The third daughter has rights for a legitimate share in the property.
She can file a partition suit seeking partition and separate possession of her share in the property.
There's no time limit for filing a partition suit.
1. How much is the pecuniary Jurisdiction (up-to-date) of the Junior Civil Judge and Senior Civil Judge in Telangana state? (Yadagirigutta district) 2. In partition suit (three legal heirs), lets say the total value of the property is 40 lakhs which means the value of each share is 13.3 lakhs. If one person files a partition suit, how can he/she select the court? Is it based on the total value of the property or his/her share of the property? I am wondering if i can file the suit in the Junior civil court or not. Thanks
Asked 6 years ago
She can claim partition. Not much time passed. Not NOC but registered release deed or Power of attorney. If property is in possession, minimal court fees.
You dont worry about the pecuniary jurisdiction of the court, your advocate knows that better and he will file the suit in appropriate court.
The value of the property will be restricted to your share in the property alone and not the total value of the property.
Why are you insisting in filing the case in the junior civil judge's court ?
You may have to prosecute the case in any court which is applicable, the court fee is going to remain same even if you file int in the district judge's court.
It's on the total value of property
Local lawyer can guide you as to pecuinary jurisdiction in your state
2) it would depend upon value of your share in property and not total value of property property
1. Sir engage a Local advocate he would be able to update you with this information as state to state jurisdiction may vary.
2. Value for his share has to be considered in same.
Sir engage advocate to file suit he will take care of jurisdiction and court fee issue,