Dear [Lawyer’s Name], I hope this message finds you well. I am from Telangana . I am seeking legal advice regarding the partition of an agricultural land property left behind by my late father, who passed away 13 years ago. My father inherited this property from my grandfather. I will provide you with the details of the current situation and my query: The property in question was inherited by my father from my grandfather. After my father’s passing (without a will), my family and I are considering executing a partition deed. My family consists of five legal heirs: my mother (who is still alive), my three sisters, and myself. We are planning to divide the property equally with each receiving a 20% share (20% for each sister, 20% for my mother, and 20% for myself). However, my 2nd sister is demanding a 40% share of the property with the false claim that our father, during his lifetime, promised to give her 40% of the property. The rest of the family (myself, my mother, and my other two sisters) do not agree with this demand, and we believe this claim is unsubstantiated. In light of this, I would like to know if it is legally valid to execute a partition deed between my mother, my 1st and 3rd sisters, and myself, excluding my 2nd sister's share for the time being. Additionally, if such a partition deed is executed without my 2nd sister's consent or involvement, will I have absolute rights over my 20% share in the property? I would also like to understand the legal consequences of excluding my 2nd sister and whether she can challenge the partition in the future. I kindly request your guidance on the following: The legal validity of a partition deed executed without the consent of one legal heir (my 2nd sister). The steps we can take to either resolve this dispute or proceed with the partition while protecting my and my family's rights. Thank you for your time and assistance. I look forward to your advice on the best way to proceed. Best regards,
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You cannot execute deed of partition excluding one of your sisters
she can file suit to set aside deed of partition
3) your best option is to file suit for partition for division of land by metes and bounds
4) seek injunction restraining sisters from selling their share pending hearing and final disposal of suit
For any kind of partition to happen on a consensual basis through a settlement deed, participation and consent of all the legal heirs is necessary. Thus, 4 of you, cannot do this at the cost of exclusion of your one sister who is demanding 40% share in this property. Though, I understand that by operation of law, you get to inherits 20% stake in this property post demise of your father and are entitled to it; how can you determine where is 20% lies in the property without involvement of your 5th sister.
I will suggest you the route of filing a partition suit, instead of getting it done mutually since all the parties/legal heirs are not having a mutual consensus.
As your father is reported to have died intestate, the properties left behind by him shall devolve equally among all his class I legal heirs.
Accordingly all the five legal heirs are entitled to 20% of the property each.
If one of your sisters is not willing for this equal partition, then you cannot partition the property among yourselves by excluding her.
You have no option than to approach court of law with a suit for partition and separate possession your share in the property for all the other four shareholders/legal heirs.
The agitating sister will become the sole defendant if other legal heirs are on one side.
You can consult a local advocate and file a suit for partition.
Dear Lawyers , Thank you for your previous advice regarding the partition of our ancestral property. I would like to provide some additional details and seek further clarification on my current situation. My 2nd sister, who is unwilling to cooperate on the partition, has already filed a partition suit in court. However, the issue is that she has included another property in the suit along with the 4 acres of ancestral land (which was inherited from my grandfather). The additional property she included is a 5-acre agricultural land, which is exclusively in my name. Here are the specifics of this additional property: * The 5 acres of agricultural land was purchased by my father from his cousin brother 30 years ago. * The land was directly registered in my name by my father’s cousin brother at the time of purchase. Despite our discussions, my 2nd sister is only willing to partition the 4 acres of ancestral land if I additionally offer her my 20% share of the ancestral land, leaving the other 5 acres untouched. My other two sisters (1st and 3rd), along with myself and my mother, are in agreement that the partition should only involve the 4 acres of ancestral land that we are all legally entitled to. In addition, both my 1st and 3rd sisters are willing to release their 20% shares each (a total of 40%) to me in exchange for money and gold that I have previously gifted them, as well as additional payment that I’ve agreed to provide. We believe the best way to proceed with this agreement is through partitioning the land. My questions are as follows: 1. How can I legally acquire the absolute rights of my 1st and 3rd sisters' shares in the 4 acres of ancestral land while the partition suit is still pending in court? 2. I understand the court will eventually rule on the partition, but the inclusion of the additional 5-acre property is unnecessarily complicating and delaying the process. Is there a way to expedite the transfer of my 1st and 3rd sisters' shares to
2. I understand the court will eventually rule on the partition, but the inclusion of the additional 5-acre property is unnecessarily complicating and delaying the process. Is there a way to expedite the transfer of my 1st and 3rd sisters' shares to me without waiting for the final court judgment on the partition suit, given that they are both willing to release their rights? To clarify, I am not expecting to have the title and possession settled in my name before the court makes its decision. My only intention is to ensure that, when the court does settle the partition in the future, my 1st and 3rd sisters' shares do not revert to them, as they are already willing to release their rights to me.
Has any stay order been passed by court
if not your sisters can execute goy feed for their undivided share in ancestral land
3) if you are senior citizen seek expedited hearing of the suit
Kindly clarify whether any stay order has been passed by trial court pending hearing and final disposal of suit
Thank you for your response. I would like to provide some additional details and seek further clarification. There is no stay order issued by the court; however, the suit is pending for a hearing in the near future. While I am not a senior citizen, my mother, who is also one of the defendants in the suit, is a senior citizen. In your previous reply, you mentioned that my sisters could execute a "goy feed" for their undivided share in the ancestral property. I believe this was a typographical error, and you were referring to a gift deed. If that is the case, can my sisters legally execute a gift deed for their undivided share of the property, even though the property has not yet been formally transferred to their names in the official records?
It is typographical error
gift deed can be executed for undivided share in property
mutation should be done first in name of legal heirs then only gift deed should be executed
1. Your sisters who are willing to transfer their rights over their share in the suit property can execute a registered release deed and file a memo to record the same so that the court will record to confirm your share in the property shall include the released shares of your siblings while allocating your share in the property in the suit for partition.
2. As far as the the additional property of 5 acres is concerned, since you have a legally valid registered title document on your name, you need not worry about it and file documentary evidences to establish your title, which the court will not bring it in the common property. As far as the other property is concerned you may get a registered release deed from your willing siblings in your favor. you can get their shares transferred even after judgment there is no impediment about it.
As far as the shares of your sisters are concerned you can get them transferred to your name by the both executing a registered release deed in respect of their undivided share in the property even before the court is passing a judgment in the suit for partition, this will ensure your interests in the property to be allotted to you by court.
Your sisters are also the legal heirs/successors in interest to succeed to the estates left behind by your deceased father hence their share in the property is confirmed by the virtue of their entitlement and rights in the property.
If they can transfer their undivided share in the property by a registered gift deed then they can transfer the same by a registered release deed too.
You can look for the convenient mode of transfer as per the situation prevailing at your end