• Registration of ancestral property

Hello,

My dad and his brother have ancestral property in outskirts of Bangalore city which is divided to them in mid 90's but dad's brothers are unwilling to do registration to respective's name till date. When asked about  to do so each time results quarrel. And now my Dad have passed away, is there a legal way to get it done to registration to my mom's name. Please let me know if there is any chance of going ahead without them and register our share of property without them??
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) how has division taken place? was any  deed of family settlement made? 

2)deed of family settlement has to be duly stamped and registered if division of assets have taken place 

3)if no such agreement has been entered into legal notice has to be issued for partition of property .

4) suit for partition has to be filed
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1. How had your father and uncle devided the property?

2. Was there any legal deed like partition deed, settlement deed executed and registered by them?

3. If not then the property has not yet been devided,

4. File a partition suit to get your share of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
You can file a suit for partition to claim your due share. Since apparently the partition you are talking about was verbal in nature, there is no point in referring to it and claim for your share as provide for under Hindu law of succession.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
If the partition done by your father is not in writing and registered then file suit for partition.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. If property has been divided then it does not qualify to be called 'ancestral property'. The ancestral character of the property gets interrupted and severed due to division.

2. Your query is silent as to how was the property divided. Was it divided by way of a partition deed or family settlement? Depending on the instrument by which the property was divided the registration may or may not be required. 

3. If the division is complete then you can file a suit for partition to cull out your share as the heir of your deceased father.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
On the basis of this compromise  deed and decree you can apply for mutation.
If it is refused then file writ petition in high court.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. So a court enforced partition has taken place. If the partition took place on court orders then no document is to be registered.

2. Has the property been mutated after the court ordered partition? The only thing required to be done is mutation of the property.

3. You cannot file a suit for getting the survey done. All that you need to do is to apply to the registrar for mutation of the names. 

4. If the partition took place physically then you have the right to possess the portion of the house which came to your father's share after partition.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, your mother and uncle entrered for partition of the property by way of register partition or else file a suit for partition.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) since partition of land has already taken as per court orders obtain certified copy of court order 
2) apply for mutation of property on basis of court orders . 

3) since the court order mentions division of land for each brother no survey is required to be undertaken
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
A. In Som Dev & Ors vs Rati Ram & Anr on 6 September, 2006 emerges is that a decree or order of a court is exempted from registration even if clauses (b)and (c) of Section 17(1) of the Registration Act are attracted, and even a compromise decree comes under the exception, unless, of course, it takes in any immovable property that is not the subject matter of the suit.

B. Section 18 of the Registration Act lays down the instruments of which registration is optional.  Instruments transferring any decree or order of a court where the subject matter of such decree or order is an immovable property, the value of which is less that one hundred rupees.

C.  On the basis of the Compromise Decree or Partition Decree, you can apply for mutation in the Revenue Department. If you fail to obtain the same, approach the High Court by filing a writ petition against the concerned department.

D. You cannot file a suit for survey process, if you want to survey your property, that make an application before the Survey (Revenue) department by paying the prescribed fee.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. The property has already been partitioned through court order,

2. What you need to do now is to collect the certified copy of the said Court order and apply for mutation with the said order,

3. No registration for the said partition is required since it has been done through Court Order,

4. However, to convey the entire share of your deceased father in the name of your mother, all the children of your father can execute and register a settlement deed in favour of your mother,

5. In this way the said property will get registered in the name of your mother,

6. Engage a local lawyer for this purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
The said division was panchayat partition and then you need not bother about its registration since  panchayat partition does not require registration and without registration it is valid in the eye of local laws, so, you can go ahead with the process of mutation basing on that panchayat partition,if any, and get the property transferred to your mom's name. 

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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