Inheritance
RT
(Querist) 30 December 2012
This query is : Resolved
My grandmother passed away 2 years back. She had two properties (houses) in her name and she has 4 children - 2 sons and 2 daughters. There was a verbal agreement that sons would share property A and daughters would share property B. My grandmother did not leave a written will. Here are a few questions about the scenario:
1. What is the process involved in dividing each property into two parcels (pieces) and transferring it to respective owners?
2. Do the owners have to pay any kind of taxes when the property is registered in their names?
3. Do grandchildren have to sign paperwork to transfer properties? (All the 4 siblings inheriting the properties are alive.)
4. Can property A be divided among brothers and property B be left untouched? If so, do daughters have to sign off on property A?
prabhakar singh
(Expert) 30 December 2012
As the grand mother died intestate(with out will deed),the personal law shall come into operation automatically,and if it is hindu case,her husband(if alive) and two sons and two daughters would inherit in equal share but jointly all properties left by her.
Now the partition can be oral also by mutual consent and after giving effect to such oral partition a MEMORANDUM DEED OF PARTITION CAN BE PREPARED AND GOT NOTARIZED AS NO STAMP DUTY WOULD BE PAYABLE ON A DEED WHICH SIMPLY RECORDS THE EVIDENCE OF AN ORAL PARTITION ALREADY ACTED UPON .
OTHERWISE IF PARTITION IS PROPOSED BY ANY DEED IN WRITING IT COULD BE DONE ONLY AFTER PAYING PROPER PRESCRIBED STAMP DUTY AND GETTING THE PARTITION DEED REGISTERED.
THIS WAS ALL ABOUT Q.1
Q2. SURELY.
Q3.NO LEGAL REQUIREMENT AS THE PROPERTY BELONGING TO A WOMAN IS LEGALLY TREATED HER ABSOLUTE.
Q4.LEGALLY ALL PARTIES ARE REQUIRED TO PARTICIPATE IN PARTITION.
DOING ANY THING AS THOUGHT OF WOULD BE ILLEGAL AND ADVENTUROUS .
R.K Nanda
(Expert) 30 December 2012
no more to add.
Nadeem Qureshi
(Expert) 30 December 2012
Dear Querist
the personal law is very important in this regard, my Question is that the matter is related to hindu or Muslim?
if it's related to Hindu property I agree with expert otherwise not.
Raj Kumar Makkad
(Expert) 01 January 2013
1. make a family settlement and file a civil suit and get court decree as per family settlement.
2. No but the municipal arrears of taxes is definitely required to be cleared.
3. No.
4. Yes.
