Can I file a case in opposition of my 3 aunts?
My dad got expired before 2 years and recently my grand father too got expired. my grand father got 3 immovable property and he committed with me and with my aunts to give specific amount to all aunts for the property and all agreed but grand father did not made any will so according to the law i am ready to give them there equal part but my grand father have 1 liability too.
my aunts are still not getting ready for the same though i am ready to pay them and taking all liabilities of my grandfathers on me at the age of 24. I wanted to know if there is partition of the aunts in all property so are they liable to b part of the grandfathers liabilities too?
Asked in Property Law from Halol, Gujarat
want to get proper guidance for my problem because i have no guardian who can solve this.
waiting for your prompt reply.
Asked 1 year ago
1) debts due and payable by your grand father have to be paid from the estate of your grand father
2) 3 immovable properties would have to be divided among the legal heirs .
3) enter into deed of family settlement with your aunts
4) if your aunts are not willing to enter into deed of family partition file suit for partition for division of property by metes and bounds
1. Well, if your aunts are not ready listed then filing a suit for partition is only option left.
2. in the partition suit you claim your share on the line your grandfather verbally instructed to which your aunts initially consented resulting in verbal partition.
3. I may further inform that verbal partition is as good as written partition and hence legally valid if proved properly.
Though these days the liability of the deceased shall not fall on the shoulders of the legal heirs, morally all those people claiming legitimate share in the property should share the liability too.
Tell your aunts to share the liability too if they want proper partition.
1. Since your grandfather died intestate his surviving heirs i.e his children succeeded equally to all his properties.
2. After the demise of your father you succeeded to his share in the property of your grandfather.
3. If a consensus on division of property is reached among you and your paternal aunts then the division can be done amicably through execution of a partition deed or family settlement.
4. Your aunts have an indefeasible share in the property, which they can cull out through a court enforced partition.
5. It is not clear as to what are the liabilities of your grandfather.