Documents needed
Misc
(Querist) 27 September 2014
This query is : Resolved
Person "A" bought a property many years ago
"A" died without leaving a will. His 8 sons and 3 daughters sat at the table. 4 sons (WXYZ) bought the property, compensated the others by giving them money and these 4 sons (WXYZ) divided the property among themselves, built houses on their shares and started living there. There is a partition deed mentioning the division.
"W" was my grandfather who willed the property to his grandchildren. The will is not a registered copy, but everyone in the family has taken it as his last word i.e. there is no dispute about that.
Now, we are planning to sell my grandfather's share of property, however X-Y-Z the other brothers or their heirs seem to confuse us. They have been saying they would combine it and sell the entire property as 1 unit but everytime we approach the topic each one of them seems to have a different opinion or expectation, because of which no firm decision has been taken. Again, there is no dispute, but just the others are not able to decide for the last 7 years.
I have the copy of the partition deed between W-X-Y-Z, and I have my grandfather's will.
1. Can we (the legal heirs of "W") sell my grandfather's share of the property?
2. What are the documents I would need to sell the property?
3. Is there a way I can get a copy of the Original Deed of this property?
4. The partition deed and the will are not registered or stamped, would that be a problem in selling the property?
No one in the family is hostile toward each other. They are just delaying matters. Delay we don't understand. What should we do to ensure a speedy disposal of this property?
Dr J C Vashista
(Expert) 27 September 2014
Show the Will and Partition Deed to a local lawyer for proper advise.
malipeddi jaggarao
(Expert) 27 September 2014
It is the self-acquired property of your great grand father and through Will and partition deed your grand father got part of that property which is to be treated as self-acquired property. Your grand father has independent right to deal with the property and he has bequeathed this property by a Will to his grand children. Hence you grand children has every individual right to deal with the property as you wish. The objections by other legal heirs will stand before law. Though it is unregistered, the Will executed by your grand father is valid.
However, you can approach a local advocate and show the Will, Partition Deed and your grand father's Will which will examine the above aspect.
Rajendra K Goyal
(Expert) 27 September 2014
Original partition deed was not stamped and registered. It has little legal value.
However, if there is no dispute on the subject, first get the property mutated in the names of beneficiaries of the will. After it you can sell your share.
Get all the documents scrutinized by a local lawyer.
Biswanath Roy
(Expert) 28 September 2014
If the subject partition deed is not registered and made without paying any stamp duty the same shall be treated as mutual arrangement for apportionment of the joint undivided property by the heirs of the deceased.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
If there is no dispute about the partition and inheritance of the properties by your grandfather and the title of your grandfather to the property stands undisputed then his last will also shall remain valid. Thus as per the valid will each beneficiary is entitled to a valid share as prescribed in the will. If you are a beneficiary in the will, if the property still remains without being partitioned, you can either issue a notice for partition or for selling it jointly to all the co-sharers. That is the only relief you have now.
