My grand-father (my father’s father) is not having any type of property either by way of self-acquired or ancestral and expired in the year 1989. My grand-mother (my father’s mother) is having one property which she got from her father on the division of her father’s property and expired in the year 1975. My grand-father and grand-mother (referred above) is having 3 sons (namely A,B & C) and one daughter (namely D). My father (A) and my uncle (B) expired in the year 2005 and 2012 respectively. My grand-mother gifted her property (I e property referred above) to her 3 sons during her life time by way of registered gift deed. After some days of gift deed, my uncle (C) has relinquished his share of property to my father (A) and my uncle (B) by way relinquishment deed after receiving appropriate consideration, further my uncle ( C) has clearly mentioned in the relinquishment deed that I don’t want to live together with My father (A) and my uncle (B) in the relinquishment deed. We have other properties as well as apart from the one mentioned above, some properties are having Sale Deed in the name of only one member and some properties are jointly held by the members of the family. My father (A) and my 2 other uncles (B & C) and their sons and daughters we have all in one around 50 members in the family and live together till 2018 and till today partition is not happened, negotiation is going on between the elders to settle all the properties since from 1 year and now pending due to disagreement among the members of the family and now I have decided to move Court for partition. My questions to the Experts are as below: 1) How much share of property my father (A) and my uncles (B & C) will get in the above gifted property by my grand-mother and in other properties? 2) How much share of Property will my Aunt (D) will get in the above gifted property by my grand-mother and in other Properties? 3) What is the position of my uncle (C) in related to other properties of the family? as he has declared in the relinquishment deed itself of living separately from my father (A) and my uncle (B) 4) Can my uncle (C) get share in the properties which are purchased after the relinquishment deed? 5) How all the properties in the above case will be divided among the members of the family? 6) Can any member of the family, claim particular property as his self-acquired? If sale deed is in his name, even though the sale consideration has been contributed by all the members of the family, but it is very difficult to prove for other members as all consideration is paid in cash and the sale consideration mentioned in the Sale Deed is substantially lower from actual price to avoid higher stamp duty. 7) If I approach to the court for partition, then I have to include all properties in the suit or only I have to include those properties which are not in my name? 8) Can you guess the final decision of the Court in this matter regarding division of properties?
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You have to file suit for partition for division of property by metes and bounds
2) suit would take 15 years to be disposed of
3) you have to include all properties in suit
4) merely because sale deed is in name of family member does not make him absolute owner of property
5) It has to be proved that he has paid entire sale consideration
6) once uncle has executed relinquishment deed your father would be absolute owner of property
In the said property your father will only have share as other uncles have relinquished their rights to your father.
Uncle will have equal share in other property as only saying that he will leave apart doesn't entitle him no share.
No in purchased property uncle will not have share. Only if the property if purchased with common funds then there will be a share.
It will be partitioned equally depending on the no of heirs and the terms of relinquishment deed if any.
He can claim but it will be decided by court that a particular property is self acquired or family property
You need to include all the property for which partition is needed.
It will be divided equally. If there is incorrect sale deeds the same will be cancelled
1. In the property gifted by the grand mother A and B have equal share C has no share in same. Further for other properties owner is sale deed is absolute owner though if they are purchased from joint family income then all have equal share and suit on same can be filed.
2. Aunt has no share since grand mother gifted property in her life. In other properties since they are not inherited she has no share.
3. See but he may show that he contributed towards purchase of other properties jointly then he may claim the share.
4. Yes he may claim same though fact circumstances evidence has to be seen.
5. Equally in case of purchased from family income jointly.
6. Suit before court has to be filed and it has to be established that same is purchased from the joint family property.
7. See you are seeking partition on all assets even which are not in your name as joint family so you have to disclose all including which are in your name.
1. Since your grandmother is reported to have died intestate then all her properties except the property that was transferred by a registered gift deed, shall devolve equally on all her children, they shall be entitled for an equal share in the property lying on your grandmother's name.
Your father shall be entitled to half share in the gifted property owing to the relinquishment made by his another sibling in that particular property.
2. Your paternal aunt may not be entitled to any share in the gifted property.
3. He is entitled for a legitimate share in other properties because he has relinquished his rights only in the gifted property and not the other properties
4. Yes, he can.
5. The properties lying on your deceased grandmother's name shall devolve equally on her legal heirs I.e., her own children and the share of her deceased children shall devolve equally on their own legal heirs.
6. The party on whose name the registered sale deed appears can claim the ownership of the property as an absolute owner.
7. Do you have any property on your name?
In a partition suit, your father can include all the properties lying on your grandmother's name.
8. You fight the case on merits with the support of documentary evidences in your favor and win the case.
A and B are joint owners, half share each. C has no share in gifted property. No share of aunt. Other self acquired properties jointly owned by brothers, aunt have no share.
Living separate dose not cease ownership of co owner. Matters who purchased other properties.
Other properties will divide between only those who contributed in purchase or legal heirs of purchaser.
No claim on any in self acquired property.
Property in which all have contributed, have to file declaration suit and prove contribution than court will grant ownership acc. to % of contribution.
Properties which are in your name and in your possession, for those no partition require.
For anticipating outcome of yuor case, precise and complete detail will require
Your father will get the property relinquished by your uncle. Mere sale deed in one person's name does not give ownership to him, he has to prove that the same is purchased by his funds.
You need to file partition suit by including all properties and give all details of the properties sought for partition.
The property in the name of your father and share relinquished by your uncle "C" can be ignored.
The time taken for deciding partition suit will be minimum of 10 years (subject to demise / addition of parties)
Dear Sir,
Court can order for partition of property and divide it in equal shares subject to provisions of law under Hindu Succession Act,
on the basis of the contribution made by each party towards the acquisition of the assets and the nurture of the family in addition to the future requirements of the parties.
The court takes 4 steps for the division of property:-
Some cases are straightforward, some are exceedingly complex so it's always recommended to hire best property settlement lawyers who can fight for your right.
1. Families of Your father and uncle will get 50% share each from property which was gifted to them by your grandmother as C have already relinquished his share from that property.
2. She will not get any share from gifted property.
3. Rest of the joint properties will be distributed according to ownership share in the properties among all families and their legal heirs.
4. Yes if property is purchased on single person name then it will be his or her self acquired property unless it is proved that property was purchased by joint income or contribution of family.
5. If you want partition then you should not include properties which are on your name because it will be a submission by you that your property is jointly owned by all family members.
6. Final decision cannot be guessed by anyone without going through all the papers of property.
You should meet some local advocate with details of properties to get clear opinion regarding distribution of properties.
1) Your uncle (C) and aunty (D) will not have rights in the grandmother's gifted property.
2) If All the family is still living jointly or till 2018 were living jointly and any property has been purchased except gift deed property rest of the property will come under HUF distribution process and Relinquish deed will be not applicable for those properties because Karta of the Family has rights in the property and that law is different.
3) IF HUF rule is apply then "A" will become karta of the family and accordingly the destruction of property will be done as per HUF rules and law.
4) Before going to court try to sort it out the partition deed by all family members Mutual Consent .
