Hello sir.. I m Rakesh jain living in chennai. My grandfather had bought a haveli in nimaj , pali district of rajasthan around 1935 during british rule. He had four sons and three of them expired and now only my father is alive. Can we claim thay haveli in my fathers name? The problem here is we don't have that property papers. Please advice me and how to get the copy of that haveli too.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
1)on your grand father demise each son would have 1/4th share in the haveli
2) on demise of any son his legal heirs would inherit his share of haveli
3) your father cannot transfer haveli in his name without the consent of other legal heirs
4) you can obtain certified copy of sale deed of haveli from sub registrar office where the property is located
You have to first find out on whose name is the property lying now
Find out the survey number of the property and obtain encumbrance certificate and find out the transactions that took place with regard to that property for the last fifty years;
If you find any transaction adverse to your interest you may locate the origin of the said transaction and find out the source of document by apply for a certified copy from the registrar's office and can get the opinion of a local lawyer to proceed further.
1. Did your grandfather leave behind a will? If a will has been made by him the property would vest in accordance with the intention expressed by him in his will.
2. If he died without a will all his children have an equal share in his property. As such, your father is at liberty to cull out his share in the haveli by filing for partition in the court.
3. A copy of the sale deed of haveli can be obtained from the office of the local registrar.
1. This is not an ancestral property but your paternal property,
2. How do you know that your grandfather had bougfht the said Haveli?
3. Who is in possession of the said Haveli now?
4. Do your demised Uncles left their sons and daughters and/or their wives?
5. However, collect copy of the title deed of the said Haveli and file an eviction suit against the present occupants from your said property,
6. If there are other legal heirs of your grandfather, then file a partition suit claiming your share of the said Haveli.
Sir.. this property is partitioned only thru voice consent among my father and uncles. And this property as whole is still in the name of my grand father. The problem is my elder aunt who lives there has made a new papers without any of r knowledge and has named her niece as her heir to her partioned property. Remaining two parts belongs to dad and my other expired uncle. My dad want to sell our share but my uncle's children r not giving consent. But al together this whole haveli is still on my grandfather's name... and we never made any partition agreement legally. Its jus voice consent. Can we claim the whole haveli? If not please tell the way how to sell our share without any consent from anyone.
Asked 1 year ago
1) your father has to issue legal notice to your aunt and other legal heirs for partition of the Haveli
2) if they dont agree your father has to file suit for partition to claim his share in the property .
3) your father cannot claim the whole haveli
1. An oral partition is no partition in the eyes of law if it has not been documented,
2. Unless the property is divided in accordance with the law it cannot be sold by your father.
3. If your father wishes to sell his share in the property he should file for partition in the court.
4. Your father cannot claim the entire haveli as it is owned equally by him and his siblings.
1. Your current quieryb is different from the arlier one,
2.What new papers your Aunt has made to to name her niece as her heir of the property? Is it a gift deed?
3. You may not make any partion agreement but without any such agreement, all the legalheirs of your grandfather are the joint owners of your grandfahter's property,
4. You can not claim the whole Haveli. You can file a partition suit claiming your share of the said Haveli.
If the property is still in the name of your grandfather, the entitled legal heirs which include your father can amicably partition the properties among themselves suppose this is not possible, then your father can file a suit for partition ad separate possession of his entitled legitimate share in the properties.
This will be the option to be adopted if you want to possess your share in the property.