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Anguluri Annappa (Retired)     14 March 2022

Devolving of property rights

My grandfather purchased a house in 1959 and died intestate in 1960. My grandfather had 8 children

( 3 sons and 5 daughters ). Since 1960 my father ( the elder son )  lived in the house and paid municipal taxes

in his name. In 2001 my father also died intestate and the house is not registered in my father's name. Now

whether the said house can be partitioned among my brothers and sister to the exclusion of all other legal

heirs.

A. Annappa



Learning

 8 Replies

Shashi Dhara   14 March 2022

Your mother is alive or not ,if she is then try to effect khata to her name and after divide it.

Anguluri Annappa (Retired)     14 March 2022

My sincere thanks for your immediate response. My mother also expired last year.

Annappa

Advocate Bhartesh goyal (advocate)     14 March 2022

No,all legal heirs of your grandfather are  entitled to get their respective shares.you can not disentitle to other legal heirs for their share  and rights.

1 Like

Dr J C Vashista (Advocate)     15 March 2022

All LRs of your grandfather has equal share, as advised by senior expert Mr Bhartesh Goyal ji, which I fully agree. 

Shashi Dhara   15 March 2022

You and your siblings submit petition to change khata jointly for joint khata ,if any one object file declaratory and title suit to establish your claim or they may come to compromise

G.L.N. Prasad (Retired employee.)     15 March 2022

Unless the property is divided in metes and bounds stating the share of all Class 1 legal heir,s of the intestate deceased owner, the presumption is the co-sharer is enjoying possession for and on behalf of all the other co sharers.  Enjoying the property without paying rent and paying nominal municipal taxes or mere mutation can not bring exclusive rights to your father.  Let other co-sharers demand and then defend the property, if your local advocate gives you such a false hope.

Shashi Dhara   15 March 2022

You tell your grandfather died intestate in 1960 and father in 2001 and you retired employee ,that is more than 60&20years .after your gf ,,father's death other 7childrens what they were doing ,they didn't claimed or objected before or after your father's death ,it may be 8children so  they have not claimed  now they are alive or not ,if they  are not alive their lrs will come or they are residing outside India or well settled or not not interested , your father's share will be only1/8th ,now how much its market value ,yours share will be less then 1/8th etc etc 

P. Venu (Advocate)     15 March 2022

Yes, the property is jointly vested with all the legal heirs. Name in the khatta does not constitute title. No claims based on  limitation or adverse possession is applicable in the instant case.


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