• Property ownership

Hi ,
        I am 75 year old man ,I got a property of 1 acre agricultural land of ancestral property from my father and the same was allotted to me and my wife. After my two sons went for a partition deed and the 1 acre land was allotted to me and wife for living expenses. Two sons shared 4 acres each respectively ;2 acres lands were ancestral and rest was my own earned property. My wife passed away in 2008. I have sold some part of 1 acre land ,off lately my eldest son and his son (grand son)with greed wants the 1 acre land allotted to me to him .They don't look after me and they have filed a false petition in the saying " 1 acre of land is the oly ancestral property and they need a partition in these" . There is no status quo though,but my eldest son and grand son are writing os no all over my property and cause of this no one is willing to purchase land .I am suffering from brain tumor and i need to get operated .My second son has arranged 10 lakhs and i need 10 more lakhs. I need to sell this land . Could you please guide? After my wife passed away ;am i supposed to be the sole owner correct? or is it i need to give my wifes share to my sons?
Asked 5 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) if land is in joint names of you and your wife on your wife demise your children would have share in said land 

2) it is better you give wife  some share to your children and sell the balance ;land for your operation 

3) if your son refuses to maintain file application before senior citizen tribunal and seek maintenance of Rs 10,000 per month from sons 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
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if it is in your sole name your son and grand son has no share in the 1 acre of land 

you are at  liberty to sell the land 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
If the property was in the joint names, i.e., your name and your wife's name then upon your wife's intestate death her share o f the property shall devolve on all her legal heirs equally.  

You besides your own share, shall be entitled to a portion of property out of your wife's share in it. 

Your other children will be entitled to their respective legitimate share in it accordingly. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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property is not in joint name ;in the property documents it mentions sole name 

If the property is not in the joint name then on whose name it is lying?
 on your name?, if so nobody other than you have a share in it   You can deny them any share in it.


If it is in your deceased wife's name then you are entitled to an equal share to that of your children each.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) you don't need consent of son and grandson to sell property 

2) you are at Liberty to execute gift deed in favour of other son . Have it duly stamped and regd 

3) you can also sell it to other son 

4) I presume there is no stay order passed by court restraining sale of land 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
If the property is in your name then you are the absolute owner.

You can execute a registered gift deed to your other son in the meantime if there is no restrictions for transfer by court
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
If there is no status quo ordered by the civil court then you are free to sell the property but the doctrine of lis pendens mandates that the sale of property which is the subject of a civil suit is subject to the final judgment and decree of the civil court. Any prudent buyer will refrain from purchasing a property which is in dispute before the civil court as the transfer of title to him can be uprooted if the civil court was to rule against the seller. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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You are free to execute a gift deed in favour of your son but the gift will also be subject to the final judgment of the civil court. To remedy the delay in the disposal of the case you can move the High Court for appropriate orders.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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