I live in a house which is owned by 2 uncles and 1 aunt who are all my paternal grandmother's children. My father passed away in 2017. This is a self acquired prooerty of my grandmaa after grandpa's death with her own money. My grandma is no more, she passed away in 2007. It's a 2 storied house where the ground floor is divided between 2 uncles and the 1st floor is divided between my family (me, my mother and wife) and my aunt's family (aunt's son n daughter in law, she with her husband live in her In Laws house). We also have a wooden and cemented partition (no brick) in between our shares in the 1st floor; 1. now I want to sell our portion or give it on rent as my father is no more and want to move to another place with mother, can I? If YES do I need to get NOC from each coparcener? 2. Can my married sister claim this share after mother's death if she doesn't make any will or can my mother give the share completely to her by will? 3. I would also like to know about the rights of the married daughter of my aunt in her share?
Jointly owned property which is partitioned can be given on rent or sell. No NoC require. In case if sale, maximum other owners can request to offer the portion to sell them first.
You have inheirted your father 1/4th share in which your mother and sister have equal right and mother can give her 1/3rd share in 1/4th to your daughter by gift or Will.
In case of intestate death of mother, you and sister will inheirt her share equally.
Married daughter have right in her mother share.
You can rent it as it's your share. But if they don't allow you then you need to file partition suit against them. You will only be entitled to claim your mother share. Any one of you can claim it with mothers consent or after her life. The said property will have equal rights of all the children of the grand parents. And only from them to their grand children. It's not matter of right in their life time.
1. You can sale or rent your share in the property no NOC from other owners is required. You , your sister and mother need to sign sale deed or rent agreement.
2. Your sister has equal share in property if there is no will by your father. You your mother and sister has equal share and on intestate demise of mother that is without will or in case mother doesn't gift or transfer property to your in her life sister shall also have equal claim in her share.
3. If aunt is alive she is absolute owner in case of her intestate demise that is without will her married daughter shall have right in the property.
Under section 44 of transfer of property act co owner can sell his share without consent of other co owners.
you are at liberty to sell.
If the property was self acquired by the grandmother. she gift said property to your mother. ur mother is absolute owner. If she gifts it to only one of her son Or daughter no one can file a suit against the same or seek a partition.
The married daughter of the deceased mother is a legal heir to the deceased mother hence she has a right to claim her share out of her mother's property.
You are at liberty to sell your share in inherited property or give it on rent
2) it is better you take consent of other family members
3) your mother can only give her one third share in property to your sister by will
4) if no will is executed sister can claim share in property on mother demise
5) married daughter of aunt has equal share in the property
1. If the partition of property has taken place through a registered partition deed then you are free to sell the part of property which is in your separate possession now.
2. The concept of coparcenory applies to ancestral property, but this property has not attained ancestral character yet.
3. The share of your father devolved on his widow and all children equally on his demise. Hence, your sister also has a share in it. If you decide to sell it then sale deed would have to be executed by all heirs of your father, unless your sister either releases her share in the property or she executes a GPA to authorise you or your mother to sell her share for and on her behalf.
4. The married daughter of a woman is also her heir.
Dear Sir,
You are suggested to have No Objection from other coparceners if the property is not divided in legal ways/written form. It is necessary for avoiding any future disputes. Also, your sister may demand her share and mother may give the property by way of will as per law. Also, the married daughter of your aunt may demand her share from your aunt.
You can rent out your portion but can not sell it to an outsider. You must claim for partition before selling your portion.
Married sister is fully entitled to claim her share in her mother's property.
Your mother can dispose of her share in the property to anyone as per her wish.
1. Hi, how is the registration of the property is done. First floor is detailed in registration documents that which side and size belongs to you? If yes than you can give on rent without NOC, if No than NIC is required
2. Yes
3. Yes m, daughters have equal rights in property
1. Yes you can give it on rent for which no NOC is required provided there is separate place for ingress and egress.
2. Yes on death of your mother intestate your sister has equal share.
3. The same is with daughter of your aunt as well.
1. Without proper partition deed entered between all the shareholders, the title to the occupied portion of the property cannot be absolute, hence a proper partition deed done by a registered deed shall entitle your mother to claim her share in the property legally with clear and marketable title.
This means she can sell or alienate or rent her share of property to anyone of her choice.
2. Yes is the answer since this share of property becomes your mother's own and absolute property.
3. As long as the share holders are living, their children are not entitled to claim any share in that share of property.
If the property has been divided to the satisfaction of the owners then no need for any permission. You may inform them. Tgat will be all.
If an official partition hasn't taken place then effect a partition and register it.
Daughters have the same share as the sons either before or after marriage.
If the property is your grandma's then everyone has a share and your mother cannot make a will.
The property is not registered, only the land is in the name of my late grandmaa; Everybody has been living in their own shares with mutual understanding since 2000, everyone has got different electric meters and equal share of rooms and common passages like roof, stairs etc.. In 2012 when my aunt's family decided to move in, I with my parents', aunt's and uncles' consent arranged for a cemented wooden partition as uncles didn't allow brick partition. Our share and aunt's shares have seperate entrances and we did the partition after measuring the average distance between surrounding walls of our shares. But after father's death we can't leave mother alone here and so we wish to rent out or sell and she is also willing to do so as my sister's economic siruation is not that great so my mother wants to help her monetarily. Thanks in advance.
You can ask your uncle , aunt to buy your share in property
2) if they refuse you are at liberty to sell your undivided share in land and house built on said land
Yes, you can sell or put on rent.
Yes, go ahead as advised above.
You need to do as aforesaid if not agreed by all partition suit is only remedy
Yes, you can sale / rent your share further you along your other family members can register a partition deed to avoid any dispute in the future.
The property has not been partitioned officially ie legally. So now you have 2 options. You may either file a partition suit against all the shareholders or you can sit down and draw a partition deed and register it. The law respects any family arrangements.
1. Since, there is no partition of the property has taking place ,hence you cannot sell the same to any one, because legally no portion came to your fathers name and after his death in his legal heirs name.
- Take consent of other coparcener for a settlement deed /partition deed for getting the portion permanently & legally.
- If they not agree , then file a suit for partition after sending a notice for the same.
2. Yes , a married daughter is having right to claim over the property left by father , due to non partition/distribution of the property during the life time of your father .
- After the death of your father , now his share would be devolved upon his wife, son & daughter .
3. Yes, she is also having right legally.
Ypu can only sell it if that is on ypur name....so get it registered first
Since the property has not been legally partitioned so far, it may not be possible to sell the proerty by executing a registered sale deed in favor of the prospective buyer since your mother is not having a clear and marketable title to the so called share of her property.
Therefore it was advised that an amicable partition may be drawn among all the share holders, get it registered after which she can legally claim title to the property for selling it or for renting it out.
If you still do not understand the legal complications lying in this complex situation, you may consult a local lawyer with experience for taking proper action as per law in furtherance.
Dear Sir,
Considering all the things in mind as narrated by you, it was suggested to have NOC from all concerned members.
1) You can deal with your property as you wish i.e., you can sell your portion or give on rent to third party.
However, if you intend to sell, you need to offer to the other coparceners i.e., giving them the chance of first refusal. The other way round, it is always advisable to take consent of other coparceners.
2) Yes your mother can bequeath her share to your sister.
3) Your married aunt has equal share in the property.
Reply to second Post:
You better talk to other coparceners about your ideal of selling your share, if they take it close the issue by taking money and leave, in case if they refuse, after taking their consent, sell it to third party,
1. You can rent or sell your share without NOC from any of the co-owner of the house.
2. Selling of your share may be difficult because seller may not agree to buy a portion of joint property.
3. No your mother cannot give your 1/3 share of your father's property but can give her share to your sister through gift deed or will and your sister can claim her share from property even if your mother doesn't give her share to your sister.
4. Married daughter of your aunt can claim share from property of her mother.
you are a coparcener in that property and you have the share in it so you can sell or rent it better will be filing a title partition suit so that your property will be demarcated to you.
1. Mutual understanding does not translate into a partition and separate possession.
2. Suit for partition can be filed by any heir in the competent civil court if amicable division of property cannot take place through a partition deed.
1. The property stands in the name of your grandma and you have no right, title and interest on the property or any share of it for which you can not deal with it in any way unless your grandma registers a gift deed in your favour gifting the said portion of her property where you are living in.
2. The property belongs to your grandmother for which claiming its share by your sister after the demise of your mother does not arise at all. Your mother can claim her share of the property after the demise of your grandmother, intestate, and thereafter if your mother passes away, your sister can claim equal share of your deceased mother's share of the said property.
3. Daughters , whether married or unmarried, will have equal share of their deceased parent's properties as per law.
1. You have a financial problem which is understood but it will not affect the provisions of law.
2. The property stands in the name of your grandmother who is still alive. Anything constructed on the land standing in the name of a person legally belongs to him/her. So, the house belongs to your grandmother.
3. For selling your share, you shall have to get a gift deed registered in your mother's or your favour.
4. Otherwise you shall have to file an application against your grandmother claiming adverse possession of the said portion of the property kept in possession by you for a period of more than 12 years against the expressed wish of your grandmother.