How the house will be partitioned?
1.My Grandmother(mother's mother) is passed away and she had two daughters.There is a house owned by my grandmother, of plot area 1800sq.ft, two floor building had been constructed on it (in its 900sq.ft area).How it will be partitioned between two daughters floor-wise i.e. one daughter will stay at ground floor and other on first floor or it will be partitioned according to plot size(900-900sq.ft)?
2.Grandmother bought a plot before two years but its registry is not done yet, all payment is done to the seller and seller has given power of attorney. How to do registry and how to distrbute the plot?
3.Does son-in-law has any right on the property ?Can son-in-law even touch the property papers?
These are my questions sir, plz let me know the solutions Thank You.
Asked in Property Law from Nagpur, Maharashtra
1) on your grand mother death power of attorney executed by seller comes to an end
2) legal heirs will have to request seller to execute sale deed in their favour
3) SIL does not have any right on the property
4)on grand mother demise 2 daughters would have equal share in house . division would be done by metes and bounds . it can be partitioned floor wise
The property divided equally between daughters. The property divided on means and bound basis.
Suggestion : The remaining land area can be distributed between the daughters for common purpose .The flat will register floor-wise like flat registration.
To whom the power transfers for sale by the seller? If the amount paid fully then register the property in favor of two daughters soon. The son-in-law
Has no rightover the property when their mothers
1. A partition deed can be executed by the legal heirs of your grandmother which gives them the liberty and latitude of dividing the property in any ratio mutually agreed upon. It need not necessarily be divided equally.
2. If the sale deed has not been executed in favour of grandmother by the seller then the seller has to now execute the sale deed in favour of the heirs of your grandmother. If he does not do so then a suit for specific performance against him is the answer.
3. The son-in-law has no share in the property if his wife is alive.
But sir ,in our case the house was constructed in 1989 and only ground floor was constructed with columns and beams . And then in year 2001 first floor was constructed without columns and beams, one daughter lives with her family at ground floor since 1 year and they want to remove whole wall to convert two rooms into one drawing room ,so wouldn't it be risky we are living at first floor, what if something happens to house like cracks in first floor walls and ceiling ,in that case we will have to leave the house if it will be partitioned floor wise@Advocate Ajay Sethi
Asked 7 months ago
daughter cannot carry out any structural alterations in the house and remove the columns and beams
2) in event daughter seeks to remove load bearing walls obtain injunction restraining daughter from doing so
3) file complaint before municipal corporation against daughter for carrying out structural alterations
1. If your grandmother is reported to have died intestate then her properties shall devolve equally on all her legal heirs. If there are only two legal heirs, i.e. your mother and her sister, they can mutually agree for an amicable partition between themselves and can draw a partition deed accordingly and can register the same subseuently.
2. The power of attorney given to your deceased grandmother stands cancelled automatically upon her death. Now the builder has to execute a registered sale deed in favor of all the legal heirs.
3. The son in law has no rights in his mother in law's intestate properties during the lifetime of his wife.
But sir ,in our case the house was constructed in 1989 and only ground floor was constructed with columns and beams . And then in year 2001 first floor was constructed without columns and beams, one daughter lives with her family at ground floor since 1 year and they want to remove whole wall to convert two rooms into one drawing room ,so wouldn't it be risky we are living at first floor, what if something happens to house like cracks in first floor walls and ceiling ,in that case we will have to leave the house if it will be partitioned floor wise
If the partition settlement is floor wise then the other shareholder cannot undertake any action which is detrimental to the lives and the properties of the other shareholder by her any such act as is under clarification here.
You can file an injunction suit and also can claim compensation for the damages.
If the structural quality of the house is such that any physical division is likely to harm it further then the best remedy is to plead the court to sell it.