• Ancestral property issue

My grandfather has this property in his name. So now my grandfather is no more. My father has a brother who is also dead, and the property is undivided. So now my uncle's son are troubling my father to sell any part of the property. Even they have put stay order and published the same in newspaper. Our property is only divided among uncle and my father in stamp paper but not registered. On which my cousin are saying it is invalid and want to keep everything to themselves as we are 2 daughters to our father. So basically waiting for my father to die till they can acquire the property.
1. Is there no way to take or sell part of our property
2. My father lawyer has suggested as my father is a heart patient to issue medical certificate, based on which he will be allowed to sell property. Is it actually valid?
Asked 9 months ago in Property Law
Religion: Hindu

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9 Answers

1. Your father can file a partition suit to divide the property left behind by his father into equal number of parts equal to the number of legal heirs to succeed to your deceased grandfather's estates and to allot one such equal share with separate possession.

He should do it immediately if he wants any relief out of this situation.

If there are only two legal heirs to your grandfather, then the entire property shall be divided into two equal shares and your father would be allotted with one such share. 

2. It is a misguidance.

Do not do any such thing in haste, it may draw an adverse impact.

He has to file a suit for partition  and he can sell his part of proeprty only after the court allocates his share in the property by a decree or judgment in the partition suit.

 

Please remember that this is not an ancestral property. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. Don't worry.  If your grandfather had died without any Will then in his property both your father and your uncle or his children now have equal rights.  So the half share of your father can not be taken away. 

2. Your lawyer is nog  be relied upon anymore.  So first change him.

Your cousin may have filed partition suit.  So share of your father is protected.  Only thing you require is a good advocate to deal with it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

If your father is not able to attend the court for conducting the case through advocate, he can execute a special power of attorney for court case purpose in your name and you can fight the case on his behalf against the opposite parties.

The unregistered partition deed drawn on a non judicial stamp paper is not legally valid partition hence it can be said that there has been no partition done so far in respect of this property.

If you want to secure your father's share in the property you have no option than to file a suit for partition and seek separate possession of your father's share through court of law. 

The time taken for disposal of the suit cannot be predicted due to various factors involved in it. 

If you do not have money to fight the case you can take the assistance of district legal services authority for free legal aid to conduct the case through the panel advocate of the DLSA board. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

It is self acquired property of grand father 

 

2) on his demise your father and uncle would inherit the proeprty 

 

3) I presume grand mother predeceased your grand father 

 

4) your father can file suit for partition for division of property by metes and bounds 

 

5) execute POA in your favour if unable to attend court 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Father can execute POA in your favour 

 

2) disposal of suit depends upon pendency of cases in trial court 

 

3) un registered deed of family settlement is in admissible in evidence 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. Your father can file a partition suit praying for getting the property  divided by the Court Commissioner by metes and bounds.

 

2. Thereafter he can sell his portion of the said property after first offering to sell the same to nephews at the same price at which his buyer has agreed to buy. This is called preemption as per law.

 

3. Alternatively, he can register a gift deed in favour of you and your sister who can file the partition suit as stated above and follow the same steps.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. The property is not an ancestral property. It is the paternal property of your father.

 

2. Your father can execute POA in your favour to file and contest the suit for and on his behalf.

 

3. It might take 2 to 8 years to get the case disposed of  since it depends on many factors.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

sir

since the property was owned by your dada who is ancestor therefore it is ancestral property. it needs to be divided equally in his sons and daughters, if there was no will. 

your grandfather had two sons. so the property need to be divided in two parts. one for your father and second for family of other son.

if you want to sell the property then you may be held liable to make half payment to the heirs of other family. if you stay in this property then you can stay for very long period as if they filed a suit then it will take a very long time in getting decided. then there will be high court and then supreme court. it will take not less then 10 years, I guess. (nobody can confirm any time but i am giving my approximate estimate.)

you said that you cannot afford the lawyer, in this case you can get an advocate from legal aid which is a free legal help system from courts. if you are financially down then you can take this service which you can inquire in the court premises.

if you have any paper of division then it will certainly help you even if it is not registered.

good luck

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

The property partitioned between your father and your uncle through the unregistered  stamp paper can be treated as a family settlement. As per the said document, the partition already happened and  your father can sell his share allotted to him. Your uncle son doesn’t have a right to oppose the sale. In case , if he oppose the sale and threaten the buyers , your  father can file a civil suit against him to restraining him to interfere in the property allotted to your father. 

As per your statement, it shows that your uncle Son already got a stay order in the civil suit filed by him. Therefore, your father have to contest the said suit and  have to file an application to vacate the stay. In the said suit the family arrangement made between your father and your uncle can help you to prove your case that the partition already happened between the parties. 

Selva Perumal
Advocate, Chennai
320 Answers
36 Consultations

4.9 on 5.0

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