• Real Estate Question

My grandfather passed away without writing a will. He allowed one of his son (My uncle) to construct a house in the first floor of the property (grandparents resided in ground floor). He also gifted 500sqft. of the groundfloor land to him. My uncle wants to sell the firstfloor house now. Is it legally possible for my uncle to sell only his house(first floor) without any consent from his sibblings??
Asked 4 years ago in Property Law from Bangalore, Karnataka
1. On death of your grandfather, his properly devolves upon his legal heirs in equal shares.
2. Since he gifted the ground floor , the same can not be divided among his other heirs.
2. The first floor is liable to be partitioned among his all legal heirs . However your uncle has right to compensation for the cost incurred by him in raising the constructions on first floor.
Devajyoti Barman
Advocate, Kolkata
13141 Answers
174 Consultations

5.0 on 5.0

1) on death  of grandfather property would devolve on your grand mother, uncle and other siblings . 

2)i presume  ground floor was gifted by gift deed duly stamped and regd . on gift deed being made uncle would be absolute owner of the ground floor 

3) uncle cannot sell the first floor without consent of other legal heirs
Ajay Sethi
Advocate, Mumbai
46745 Answers
2767 Consultations

5.0 on 5.0

1. Yes, rest 1000 sq.ft is divided among the co-sharers.
2. Yes 1st floor is to be divided as well but other co-sharers shall have to compensate your uncle towards the cost of making the constructions.
If you do not then he is entitled to bigger area on partition of 1st floor.
Devajyoti Barman
Advocate, Kolkata
13141 Answers
174 Consultations

5.0 on 5.0

1. The total area of land is 1500 sft, what is the area of the house?

2. He was gifted the 500 sft ground floor land which means that the entire house built upon the said 500 SFT of land is his, which includes all the floors constructed thereupon,

3. If the house has been constructed only on the said 500 sft of land and he himself had constructed the 1st floor thereupon, then he owns the house,

4. The remaining portion of the land being 1,000 sft  can be partitioned.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

Whether it is your grand father's self acquired property? Your grand father allowed your uncle to construct a house on 1st floor,, was it through writing or through oral arrangement between father & son. Whether your grand father gifted 500Sft of land out of 1500Sft of the Plot through registered gift deed? What is the super-builtup area of the house? Since your grand father has died intestate, all his legal heirs viz., your grand mother and her children will have equal shares in the property except the 500 sft gifted to your uncle in  the ground floor. Since 500sft belongs to your uncle (if he has derived the right through registered gift deed), any construction in that 500 sft portion, including 1st floor, if it is built on that 500sft,  belongs to him. If there is separate khatha in his name for ground floor and/or first floor then he can sell the same.  if your uncle has derived right over the portion of the property in terms of registered sale deed, then he will have every right to dispose off in any way he likes. In the alternative if he has  constructed 1st floor on oral permission from your grand father, then your uncle can not sell the property. In that case the entire property (except the 500ft gifted to your uncle through regd. gift deed) can be sold and the proceeds can be distributed amongst the legal heirs giving a little higher percentage to your uncle to compensate the construction cost.
Shashidhar S. Sastry
Advocate, Bangalore
1650 Answers
109 Consultations

5.0 on 5.0

1. Except the 500 sq.ft of ground floor land which was gifted by your grand father to your uncle, the remaining portion of the house fell in equal shares to your father and his siblings as no will was made in respect thereof by your grand father. 

2. The property minus the ground floor land gifted to your uncle has to be divided equally between all the surviving heirs of your grand father unless there is an agreement to the contrary. Your uncle cannot sell the first floor. If he attempts to sell the property in excess of his rights then your father and all other heirs of your grand father may move to court and seek a stay against the sale of property by your uncle. This being said, your uncle has the right to be compensated for the cost incurred on constructing the property on the first floor.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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