Hello The Property is question was bought by my grandfather in Ajmer, Rajasthan in 1956. He passed away in 2003 without writing a will. He has 3 sons (all alive) and 2 daughters (1 alive, 1 passed away in 2006). My father is the eldest son and younger only to his sister. All the brothers are in favour of partitioning the property in 3 parts amongst them selves. Question is: 1. Whether the daughters have any right on this property? 2. Is there a Declaration or NOC required from the daughters to execute the partition between the 3 brothers? Please Note: One of the daughters is not alive and is survived only by her children who are now adults and independent)
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1) it is your grand father self acquired property
2) on his demise sons and daughters have one fifth share in property . i presume grand mother predeceased grand father
3) daughters have to execute relinquishment deed or gift deed for their share in property
4) the share of predeceased daughter would devove on her children . they have to execute gift deed or R Deed
1. As he passed away intestate the succession opened in favour of all his heirs i.e his widow and children including daughters on his demise. In short, the share of daughters is equal to the share of sons. The share of deceased daughter has devolved on her heirs i.e her husband and children.
2. The sister and, in case of deceased sister, her heirs, are required to join as parties to the partition deed unless they execute a relinquishment deed in favour of the sons.
Question is:
1. Whether the daughters have any right on this property?
This is a self acquired property of your grandfather who died intestate. Therefore as per the provisions of Hindu Succession act, 1956, the daughters are also entitled to an equal share in their father's property left behind by him upon his intestate death.
2. Is there a Declaration or NOC required from the daughters to execute the partition between the 3 brothers?
The daughters can relinquish their rights in the property by executing a registered release deed in favor of other share holders. This will enable the other three share holders to acquire the property and share the same among them as per their own terms in an agreed and amicable manner.
Please Note: One of the daughters is not alive and is survived only by her children who are now adults and independent)
The legal heirs of the deceased daughter are entitled to her share in there property and if they would like to execute a joint registered release deed in favor of the other share holders, this will be legally valid fort the others to acquire and enjoy the properties.
1. Since it is the self acquired property of their father the daughters have equal share in the property along with the brothers.
2. NOC will not do. Te daughters will have to execute deed of gift gift of relinquishment which requires registration on payment of stamp duty and registration fees.
Hello, Thanks to everyone for clear cut solutions! Follow-up Question BACKGROUND: My parents have been living (and have been the sole possession holders) since January 2012. Since they have maintained and carried out major repairs on the property and also have acquired electricity and water connection in my father’s name. Total size of the plot is 403 SqYards out of which about 150 SqYards in constructed. My father’s brothers have been forcing my father to vacate the constructed part and assume the empty land in the partition deed. My father does not wish to take up this unconstructed land as: 1. It will have to developed from scratch 2. It has been defined as “Service Lane” in the original purchase agreement. ASSUMPTIONS: 1. My parents wish to continue living on the property due to health reasons. 2. My father doesn’t own any other property anywhere else. 3. Both sisters agree to sign the Gift Deed favouring all 3 brother. QUESTION: If my Father approaches the Court praying to assign him the rights of the part of the property he’s been living on (Which is roughly 1/3rd of the total plot area BUT is the corner section with roads on 2 sides). 1. “What will the Court Fees if we present this kind of claim?” 2. “How can we ensure that we get to retain this part where my Parents are staying currently?”
1) court fees depend upon market value of property .
2) it is not necessary that you will get to retain part of land wherein your parents are currently staying
3) court will partition land and house constructed by metes and bounds
4) please note that partition suit will take years to be disposed of
5) better arrive at an amicable settlement within family . you will save on litigation costs
1. “What will the Court Fees if we present this kind of claim?”
Forget about the court fee to be paid, ascertain whether you can achieve success in your claim. In a partition suit, the court will decree the division considering good and bad soil only and it may not favor the claim put forth by one side without a compromise arrangement or agreement with the other side. If a dwelling unit cannot be partitioned the court may decree the auction of the same and divide the consideration amount among the share holders.
The court fee varies from one state to another, hence the same may be enquired locally.
2. “How can we ensure that we get to retain this part where my Parents are staying currently?”
There is no law favoring your claim until there is a mutual and compromised settlement among the parties to the litigation.
In your case your fathers sisters got equal share in their father's property. A relinquishment deed (Release deed) is enough for relinquishment their rights in the property. If any of the sibling is not alive then her legal heirs has right over the property.
Amicable settlement within family is good than a partition suit. The court fee is only 300 but the execution of document after the decree you have to pay the amount of registration fee as per market value of property.The court will decreed the shares of the property by meets and bounds basis.
There is no court fee. Your father can file a lawsuit to restrain the other heirs from dispossessing him. If he is dispossessed it will be a long drawn battle to recover the possession.