• Property legal advice

We are a family of 2 daughters a 2 sons from TN . We are having 2 property of agricultural ryotwari land.2 sons are maintaining this. 

I am daughter of younger son. One property belongs to my grandfather owned by him(buyed from 3rd person)and he wrote a will on 2011  mentioning that he have done everything to his daughters and this property belongs only to his sons.Now he is no more. Its a registered will.


Another property belongs to my grandmother(she got it through my grandma's father's will). My grandma is alive.Here is that we have mother deed mentioning my grandma name but whenever we put patta/chitta/adangal/A register extract on that property it's showing both sons name only. Sons don't know why it is showing like this and they are having only an idea about it. It was once signed by their mother around 1980's (not exactly)and it was subdivided(8 acres subdivided and each one is having separate patta under tamilnadu patta passbook act 1983). We don't have any updated mother deed or trace about it. We dnt know whether it was a settlement or partition. When we put EC from 1944 its showing my grandmother name in 1947 then again in 2001 its showing a mortgage in my father's name for his subdivided land. Dnt have any other registration details in ec. It was done by my grandfather. Sons dnt have any idea about it.

Now we are heading for partition. We think that my aunts dnt get share in grandfather property and so we are willing to give share in grandma's property. 


One of my aunt is no more(She is having only one son) and they dnt want to involve in this. They said they dnt want anything from it.They are ready to give release deed.

Now we want to know how can we do the partition. 

My question here is

1.Who is the actual owner of my grandma property. How can we find it?
2. If my grandma is actual title owner.. my aunt is not co operating for 1/4 th of share. We are asking for years and exhausted. Can we go for partition suit? Will it take long time ?
3.If my father and uncle are owners then how to execute the partition? 
4. In grandfather's  will sign is not there .only he affixed the mark it seems. Is that enough . Can we probate the will?

Let me know if there is any other possible legal ways to do the partition.
Asked 8 months ago in Property Law from Tamil Nadu,
Religion: Hindu
1) file RTI application as to how sons name is being reflected in property owned by grand mother . 

2)once grand mother inherited property by will she would be absolute owner of the land .  if grand mother had executed deed of settlement or partition sons would be owner of 8 acres each 

3) your father would be absolute owner of 8 acres and you cannot claim any share in said property 

4) it is necessary to peruse your grand father will . was it attested by 2 witneses . was your grand father educated ? why was his mark affixed and not signed by him 

5) contact a local lawyer . it is difficult to advice without perusing various documents cited by you 
Ajay Sethi
Advocate, Mumbai
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1)	Section 63 of indian succesion act requires that the testator shall sign or affix his mark to the ill or it shall be signed by some other person in his presence and by his direction and that the signature or mark shall be so made that it shall appear that it was intended thereby to give effect to the writing as a will. This section also requires that the will shall be attested by two or more witnesses as prescribed

2) in your case since will was attested by 2 witnesses executor can apply for probate of grand father will 

3)probate would take around 6 months 

4) since your grand mother is alive she can execute gift deed in favour of your father and uncle . it has to be stamped and regd 

5) grand mother can do so if she has not executed any document wherein property transferred in name of 2 sons . 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23386 Answers
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1. The title to a property flows from the sale deed or a document of conveyance title. In so far as your grandma's property is concerned her title flows from the will made in her favour. So irrespective of whose name reflects in the revenue records the title vests in your grandmother if she has a will in her favour.

2. If the title of your grandmother is clear then she is free to alienate her property to anyone she desires. The onus to impeach the title of your grandmother lies on the person who claims that she is not the title holder. 

3. During the lifetime of your grandmother none of her legal heirs have the right to claim a share in her property. 

4. A search of documents at the office of sub-registrar is required to be undertaken to ascertain the chain of title. 
Ashish Davessar
Advocate, Jaipur
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Hi 
The property in your grand mother's name is her absolute property vide section 14 of hindu succession act. Since the property is showing her name in 1947 and she is alive as  of date, she is the owner, your father must have taken a loan on the property and then repaid it 
So it appears that somewhere years ago, the property was not mutuated in the mandal records in the name of your grand mother( typically after the will is accepted by the legal heirs, the legal  heirs must have updated MRO records and then your grand mother's name must have been updated in records). 
So basically,  If your grand mother is alive, then you cannot do partition. you can only ask her to execute a gift deed or will of her properties in favour of her legal heirs in a manner desired by you . none of the children can claim partition as long  as she is alive as it is her absolute property now in eyes of law. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
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file an application before revenue officer for obtaining details about any alteration during this period. this is your grandmother's self acquired property ans she can transfer it without any interference because she is absolute owner of this property. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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1.Who is the actual owner of my grandma property. How can we find it?
If your grandmother inherited the bequest made by her father, she is the actual owner and since she is alive she only can decide about its disposal.




2. If my grandma is actual title owner.. my aunt is not co operating for 1/4 th of share. We are asking for years and exhausted. Can we go for partition suit? Will it take long time ?

Since your grandmother is the absolute owner of the property, during her life time, she can only decide about gift or transfer or disposal of the property. Nobody can claim any right in it during her life time.  Your aunt cannot agitate or quarrel about a share in this property nor can she raise any dispute in it. 




3.If my father and uncle are owners then how to execute the partition? 

If they are the owners they can enter into a partition agreement or arrangement within themselves.





4. In grandfather's  will sign is not there .only he affixed the mark it seems. Is that enough . Can we probate the will?

If there is a thumb impression and witnessed by two witnesses, then it is a valid will.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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This is not about my share. My father and uncle want to do partition. We dnt know where to start with. Thats why i raised the question.

They can amicably partition the properties by entering into a decision ater talks about the division and acquiring the share of properties as per their desire and agreement.





Yes my grandfather affixed the mark before 3 witnesses. He was aged 90 and above while he registered  the will.His hand was shaking  at that time. May be because of that. I dnt know exactly sir.He was not educated. But he do signature . I have seen the old documents with his sign.

The will if witnessed, it can be considered as valid will.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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