• Partition of property when having minors in family

Our father in law expired recently .he got two daughters. My wife and her elder sister.
We got a son of 5 years . My wife's sister got two kids son and daughter ,who are minors .
My father in law owns an apartment 16 lakhs and farm land of 7 lakhs and 3 lakhs cash in bank. We do not trust her .my father in law and mother in law stopped talking to her due to her conduct and she is living with a guy and they are not married. We don't want any relationship with them.so we are planning to get rid of her relationship by buying the apartment in the name of my wife or selling the apartment to her.we do not want any trouble from her and her minor kids.what is the process to be followed. Kindly help us on the same.how to do the partion safe .is it is good to give the cash value from them and purchase the property and get rid of her.
Asked 5 years ago in Property Law
Religion: Hindu

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26 Answers

For minors in property you need to take permission of court under guardian ams wards Act

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

Yes give them cash and take their share of the property. Also the property belongs to your wife and her sister. Therefore act accordingly. Give them cash or divide the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes this wpuld work.

Buy the property, give her cash value. And you are done with her

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Your wife can purchase her sister share in property by registered sale deed 

 

2) consideration amount to be paid should be mentioned in sale deed 

 

3) all payment should be by cheque only 

Ajay Sethi
Advocate, Mumbai
99813 Answers
8147 Consultations

1. Assuming that your father-in-law died intestate (without executing a WILL), then his property would devolve equally to his wife (if alive) and 2 daughters. In case, your mother-in-law is also dead, then your father-in-law's property would devolve equally to his two daughters, i.e. 50% each.

2. In case your wife's sister agrees, let her execute a registered Release Deed relinquishing her rights in the properties ( in respect of farm land, apartment and cash) in your wife's favour by accepting 50% value of the properties through DD.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If appears your father kn law has died without any Will.  If that is so then both her daughters and his widow inherits his property in undivided equal share. 

So to get rid of his elder daughter you can buy back her 1/3rd share so she doesn't come back to claim her due share. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes if it's a joint ancestral property then minor can claim it through suit

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

Yes that is why they should also be made a party and as a guardian their parents can sell the property and keep their share for which they surely would as they are their parents.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is a provision in law to sell the property and divide the sale proceeds among the legal heirs or successors in interest  to succeed to the estates of the deceased who is reported to have died intestate.

Your father in law is reported to have died intestate.

Upon this the properties both movable and immovable shall devolve equally on all his legal heirs.

If your mother in law is living then she too shall be entitled to an equal share by dividing all the properties into three equal shares. 

If your sister in law is not agreeing for an amicable partition as suggested by you, then your wife can file a partition suit before civil court seeking partition of all the properties  and separate possession of her legitimate share out of properties left behind by her decesed father.   

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

The minor or major children nor the spouses of the daughter are entitled to any share in such properties as a right at least not during  the lifetime of the daughters. 

Therefore you can shed away the fears in that regard.

 

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

Minor children have no share in property as it is not ancestral property 

 

mother sold property for consideration by registered sale deed 

Ajay Sethi
Advocate, Mumbai
99813 Answers
8147 Consultations

1. If it were to be ancestral property, then only the minor kids will have right over the property and in that case, they can knock the doors of justice after they attain majority.

2. In the instant case, as per your narration, it's a self acquired property of your father-in-law and hence your apprehension of the minor kids challenging the sale deed executed by their mother may not happen and even if they file a case, you can defend saying that there was no minor rights affected as this property was not an ancestral one but a self acquired property of your father-in-law.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Hi

The minor children (i.e two kids of your sister in law and one kid of yours) do not have any right in the property of your father in law, given that concept of ancestral property is applicable only in case of paternal (father's side) properties and not to maternal(mother's side).

Since they do not have any right, they will not have any cause of action to file cases. 

The legal heirs of your father in law would be (i.e your mother in law, your wife and your sister in law) and no one else has any right whatsoever in the apartment valued at 16 lakhs , farm land valued at  7 lakhs and 3 lakhs cash in bank.

Since , you wish to settle your father in law's legacy between your father in law and his legal heirs(i.e your mother in law, your wife and your sister in law), the legal heirs should decide amongst themselves  how they  want to share the same and execute a registered partition deed for the same . 

Yes, either you or your wife can purchase the property by paying consideration at market rates and registering the sale deed signed by all legal heirs (i.e your mother in law, your wife and your sister in law).

Hope this information is useful.

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Respected sir/mam...

For that you have to buy the aboy said property while providing cash value... there after your work is done and Minor children have no share in property as it is not ancestral property mother sold property for consideration by registered sale deed...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1. The properties of your father-in-law devolved through intestate succession on his widow and both daughters equally with 1/3rd share for each.

2. Your wife's sister also has a 1/3rd share in the apartment, as in all other properties of her deceased father. Hence, it cannot be sold without her consent.

3. If she agrees to sell her share as well in the apartment then she and your mother-in-law can sell it to your wife.

4. The minor children have no share in the properties.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Minor or Major children of Grand Father (Nana) have no legal right over their Grandfather's properties, in anyway, whatsoever & whichsoever.  Hence they cannot create any legal dispute.

2. Daughter /Sons have absolute right over their Father's properties, provided Father has not executed any WILL.  Wife of deceased also has right over her husbands properties.

3. ALL the residual legal heirs (Wife & Daughters) have EQUAL stake /claim /right over ALL property of deceased.

4. You can execute a Sale Deed or a Family Settlement Deed with mutual consent signatures of all the residual legal heirs and mention all the strategic clauses to safe guard you investments.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

your wife can purchase her sister share by reg sale deed or her sister can also execute release deed in favor of your wife. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if mother are alive.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. First of all obtain legal heir certificate of your father in law in which name of your mother in law, your wife and her elder sister names will be mentioned as legal heirs.

2. Property will be divided equally among three legal heirs that is your wife, her sister and her mother so as per this share you only have to pay 1/3 value of property to your sister inlaw.

3. Before paying her any consideration make a registered settlement deed between legal heirs about distribution of properties.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- After the death of your father in law without leaving a WILL , his property would be devolved his legal heirs i.e. your wife and her elder sister . 

- Since, there is no partition of the property/assets left by father in law, then it can be settled after executing a family settlement deed or partition deed . 

- After the execution of deed, she will left her right over the other property , and even kid will not claim in future. 

- However, this should be mentioned clearly in the deed. 

- Further, if you purchase a property in your name ,then being the self acquired property , no one can claim right over the same during your life time. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Yes you need to get a registered relinquishment deed from the aunts for the same

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

1. There is no legal infirmity in it.

2. You can ask hem to execute a registered release deed relinquish their rights in the property by receiving the said consideration amount.

 

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

Deed of family settlement or partition should be executed wherein parental aunts relinquish their share on receipt of Rs 50000 , farm land in your wife name and flat in name of sister in law 

 

it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99813 Answers
8147 Consultations

A. Yes it can be done this way.

B. Get their NOC.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

a) Yes , the said family partition should clearly mentioned the transactions. 
b) No, sisters sons & daughters cannot claim any right ,even she is getting after partition of the property , however
you should take undertaking from them after mentioning the amounts details received by them .
- Further , they can also execute a Relinquishment deed for releasing their share .

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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