Grandfather's property
raghavendra
(Querist) 30 December 2012
This query is : Resolved
PRESENT SCENARIO OF THE PROPERTY:
THE RESIDENTIAL HOUSE PROPERTY WAS OWNED AND EARNED BY MY GRANDFATHER.
THE PROPERTY IS IN THE NAME OF MY ELDER BROTHER OF MY FATHER, WHICH WAS MADE IN HIS NAME IN GRAM PANCHAYAT AFTER THE DEATH OF MY GRANDFATHER MY MUTATING THE PROPERTY IN HIS NAME IN GP AS MY FATHER WAS 2 YEARS OLD AT THAT TIME.
THE PROPERTY WAS ACTUALLY LEFT TO MY FATHER TO HAVE AND ENJOY.
THE DOCUMENTS CONCERNED OF THE PROPERTY IS ONLY KHATA EXTRACT OF PROPERTY FROM GRAM PANCHAYAT.
THE PROPERTY WAS PARTIALLY POSSESSED BY MY SISTER IN LAW DAUGHTER OF ELDER BROTHER OF MY FATHER AND BROTHER OF HUSBAND OF SISTER AND PARTIALLY BY ME.
THE PROPERTY WAS FULLY POSSESSED BY MY FATHER TILL HIS DEATH EXCEPT THE PART OF IT WHICH WAS GIVEN TO RESIDE TO THE ELDER SISTER (DAUGHTER OF ELDER BROTHER OF MY FATHER) ON COURTESY GROUND.
PRESENT SCENARIO OF RELATIVES:
ALL THE SONS AND DAUGHTERS OF MY GRANDFATHER WERE DIED.
AT THE TIME OF DEATH OF MY FATHER AUGUST 2011, ELDER RELATIVES AND SISTER AND HER HUSBAND AND MYSELF DISCUSSED TO SETTLE THE PROPERTY AND CONCLUDED THAT THE PROPERTY WILL BE SHARED AT 60% AND 40% TO ME AND AT LAST DECIDED TO DISPOSE THE SAME AND TAKE THE RESPECTIVE SHARE IN THE SALE CONSIDERATION. WE HAVE NOT MADE ANY DOCUMENTS OR AGREEMENTS IN THIS REGARD.
NOW THEY ARE NOT TURNING UP TO STICK TO THE ORAL AGREEMENT MADE.
BEHAVING RASHLY AND RUDELY WITH ALL THE RELATIVES AND MYSELF WHENEVER WE ASK TO SETTLE THE SAME.
NOW THEY HAVE LET OUT THE PROPERTY AND ENJOYING THE RENT WHICH IS AROUND 2 LAKHS AND WANT TO DRAG THE SAME.
THE RELATIVES HIERARCHY IS GIVEN IN THE ATTACHED WORD FILE FOR YOUR REFERENCE.
NOW THE PLEASE ANSWER THE FOLLOWING QUESTIONS:
1. WHETHER ALL THE PROPERTY WILL BE DIVIEDED AMONG ALL THE SONS AND DAUGHTERS OF MY GRANDFATHER EVEN IF DIED.
2. WHETHER ALL THE GRANDSONS AND GRANDDAUGHTERS HAVE LEGAL RIGHT TO CLAIM IN THE PROPERTY
3. IF WE WANT TO SETTLE THE PROPERTY AS PER OUR AGREEMENT WHAT IS PROCEDURE, AND WHETHER ALL OTHER GRANDSONS AND GRANDDAUGHTERS SHOULD BE MADE PARTY IN CASE OF PARTITION SUIT.
4. WHAT IS THE STEP SHOULD BE TAKEN TO GET THE SHARE OF OTHER GRANDSONS AND GRANDDAUGHTERS WANT TO RELINQUISH THEIR SHARE.
5. ANY CHANCES OF SHARING THE RENT
6. WHETHER I AM ENTITLED TO GET THE SHARE OF MY OWN SISTERS IF THEY WANT TO RELINQUISH THEIR SHARE
Nadeem Qureshi
(Expert) 30 December 2012
Dear Querist
you should contacted a lawyer in your local area who deals with Property matters.
feel free to call
Guest
(Expert) 31 December 2012
Contact a local lawyer.
prabhakar singh
(Expert) 31 December 2012
No file found attached.
Answer:
1.yes!but as they have died their share will devolve upon their children irrespective of sex equally along with mother and widow of deceased (if alive).
2.Yes!In present circumstances and facts it is so without doubt.
3.Since the oral agreement has not been acted upon,the only course left now is partition suit where in all heirs has to be arrayed as party,and relief of partition should be sought for all properties.
4.A registered deep of relinquishment would be required.
5.The tenant should also be arrayed as party and an interim application should be moved directing the tenant to deposit the rent in court and dispersal of the same as per respective share of properties.
6.Yes!But for that your sisters shall have to execute a registered QUIT DEED (relinquishment deed)in your favor better before filing of partition suit.
