You can file suit for partition for division of property by metes and bounds
2) you are also at liberty to sell your undivided share in property
Selling my portion of my grandfather property
My grandfather built a property in Lucknow on a land area of 100 by 100 feet. It's a three storey property done in 1932. He had two sons..one my father and his elder brother and sister in between. Both of the Sons had two sons each. Out of these four sons , two are no more who were sons of the elder son while the two sons of younger son my father survive. The youngest son and grandsons from the eldest grandson live in tbe property still while I am outside and want to sell my portion. Can I do it? There is no settlement as such and whenever I bring this topic i am told it's a house and a home so how can it be sold. I want to sell mine portion. Let ne know if that is a possibility?
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
1. If your grandparents have died intestate, then share in the property devolves equally to your father, his brother and sister in 1/3rd share. In respect of deceased persons, their individual share gets subdivided and devolves equally to their children (both sons and daughters).
2. Since there has been no settlement so far, if it's possible, convince all the legal heirs to come to an understanding and execute a Family Settlement Deed dividing the shares equally by all the legal heirs.
3. If there's been no positive response, send a legal notice to other legal heirs for partition of the property.
4. Still if there has been no progress, file a suit in the jurisdictional Court for partition declaration and separate possession of the property by metes and bounds.
First of all have you ascertained that whether you are eligible to inherit share in the proeprty.
You can get a share out of your father's share in the property but that too only after his lifetime and provided he is reported to have died intestate.
Grandfather's property is not automatically an ancestral property.
If your father and his brother had divided the property among themselves and also obtained a registered release deed from their sister on this, and if the situation is tht your father is no more living and his death was intestate then you are entitled to a rightful share out of your father's share equally at par with all other legal heirs of your deceased father.
However in the absence of proper partition you cannot sell any property without identifying your share in it especially if the property is still jointly held by all the legal heirs.
If they do not agree for a amicable partition then you may have to file a suit for partition and to sell your share in the property before a civil court of law and get the remedies through court alone.
you have to file a partition suit
you can offer your share for purchase to other coparcenors. their share will simply increase and you will get the consideration for your share
If it was your grandfather's self-acquired property, after his death, it devolved equally on his wife (if alive then) and his three children, by automatic succession, in the absence of any Will. Whatever is your share, you can claim it only through your father. As it is an undivided share, you have to file a partition suit and obtain your specific share by metes and bounds before you sell it to someone else.
Dear client,
Since its an ancestral property you need to take permission of all co- owners for selling your share and permission of successors is also required in case of ancestral property.
Thank you.
Yes you can sell and do as above
