My Grand Father's father made some property and he died. Now, it has been enjoyed by my grand father. My Grand father have 4 Daughter and 1 Son. Few years back, 4 Daughters put a case for property in local civil court. But, after few months of putting case we gave some amount to each of them and they agreed to compromise. This amount is generated by selling a part of the property. All 4 daughters have signed and made a registration saying they got their share in the form of money and they are no where have any right for the property. This has been registered in registration office. While registration they made a claim that my Grand father and his son(my father) have rights for the property. My father have 3 daugthers and one Son. Now, my father is denying to give any share in the property saying its been purchased from his sisters and its not ancestral property to give any share.Now, my father is planning to sell the property which is opposed by all of our family members.
I want to know the following
1) Don't my father's daughters have right in the property ?
2) How can we stop my father from selling property?
3) Is there a way to get the property transferred to us from my Grandfather?
Asked in Property Law from Bangalore, Karnataka
1) once partition has taken place property ceases to be ancestral
2) your father can sell his share in property . he does not need consent of his daughters
3)your grand father can execute gift deed in respect of his share of property in favour of his grand daughters
1. Your father is wrong. This is ancestral property wherein you and your siblings have an equal share which any of you can cull out by filing for partition.
2. To stop your father from selling the property and thereby creating third party rights you can immediately seek a stay order from the court.
1. At present in whose name is the Khata of the property details recorded in the BBMP?.
2. Has the property been mutated in the name of your grand father and/or your father in the municipal records.
3. Whether your father's sisters have executed a Release/Relinquishment deed in favour of your father/grand father?.
4. If the property is not partitioned earlier and has been carried over intact till the 4th generation, then only the rights accrue for the great grand children.
5. If it is a self-acquired property of your father, then his children will not have any right over the property.
6. If it is a self-acquired property of your father, then it is his wish & will to either retain the property or to dispose off the property in any way, as per his sweet will.
7. To get the property transferred to you people, please let me know in whose name the property stands at present.
Hi Mr Shashidar,
1. At Present the property is in my grand father's name in all records
2. No the property is not mutated
3.My father's sisters have executed a release deed in favour of both father and grandfather jointly
4.The property was partitioned in first generation, then my grand father got a share of x acres. so we are now bother about this x acres. This x acres is not partitioned till now.
Are my father's sisters have any rights to claim back the property?
Asked 2 years ago
1) once release deed has been executed duly stamped and registered father sisters dont have any rights on said property
2) in addition the father sisters after filing suit have agreed to compromise and with drawn suit after entering into consent terms wherein it is mentioned that they have received money and have no right in property
At the time of purchasing the share of sisters the title of the property is come to your father name. So the consideration of whether it is ancestral or not is going out. Your father become the absolute owner of the property even if the mutation is not effected in his name. your father can sell his share in property .
1. The absence of mutation does not emasculate your right to seek your lawful share by going to court.
2. Your father's sisters ceased to have any share in the property after they released it.
Hi, as per law if there is no partition is taken place in the family of your father and his sisters then sisters of your father has right over the properties.
1. Assuming that your grand father is alive, it is upto him to either bequeath the property to anybody else, including his children and/or grand children by executing a 'WILL' or he can gift the property during his lifetime to anybody, including his children and/or grand children by executing gift deed in their favour.
2. In case your grand father dies intestate(without executing a 'WILL'), then his wife(if she is alive) & son would get equal share in the property. What I have understood is your father's sisters have already executed Release Deed in respect of this property.
3. If your father's sisters have executed Release Deed in respect of the same property, then they will not have any claim on the property now.
Your father's sisters have already relinquished their rights in the property in favor of their brother upon receiving the consideration for the same. Now the property belongs to your father and it is his absolute property from the date of getting registered on his name. He has got full rights to dispose the properties in any manner he chooses, he neither need to take any permission or consent from his children for his interdependent act. Wait and watch the situation.
1. the daughters of your father has equal right on the property of their great grandfather like you,
2. You singularly or alongwith our sisteres can file a partition suit claining your share on your ancestral property being the property of your great grandfather. It is an ancestral property because there has been direct flow of the title of the property for 4 generaions without being interupted by any will or gift/sale/settlement deed in between,
3.Yes, file a partition suit claiming your share of the said property,