property
krishna
(Querist) 03 March 2016
This query is : Resolved
My grandfather having self earned property he left with out a will. Later my father and his brothers and sisters made a partition with their signatures know 4 years baking my father passedaway witout a will. During partition my brother and my mom signed on registered docs. However I was absent during that period. Know my question is 1) since I am not satisfied with the property which my father accepted(means location) being an elder son of my father can file a case if yes how to further. 2) know my mother is asking a share in it does she have any rights on that property. 3) still the property is on my father's name who said deceased. Can we sell the property with out my mother's signature. 4) can we sell just attaching the death evidence of my dad. Or do we need transfer it to our names or mother name(property located in andrapradesh).
P. Venu
(Expert) 03 March 2016
"During partition my brother and my mom signed on registered docs." How?
May be they could have signed as witnesses; it makes no material difference. You cannot reopen the partition which your father had accepted.
Rajendra K Goyal
(Expert) 03 March 2016
Whether partition took place after demise of your father?
If yes, your signatures were also required on the partition deed. In such circumstances, you can claim you share.
BAALASUBRAMANNYAMM
(Expert) 03 March 2016
You have only an option to get your share from out of the total property, which comes to your father's share. Rest of things, you would not do.
krishna
(Querist) 03 March 2016
As I heard on property of the grand father grandson will have rights (if major) so how come it's a valid with out grandson signature during partition(even my father alive) 2) plus answer my 2nd and 3rd questions.
kavksatyanarayana
(Expert) 03 March 2016
Author, at the time of partition, any grand-son/grand daughter shall also be added a party in the partition deed i.e. grand-father, his children and grandsons/grand daughters, if minors, their guardian will sign on behalf of minors and if major that majors will sign. after death of husband, wife has also a share in husband's property. if husband alive, then wife no right. as mother having share she has to sign. in the sale document as the father died the property devolves among wife and children. that's enough. no certificate needed.
krishna
(Querist) 04 March 2016
Since my father was deceased in 2012 where the property is still showing on my father name is it mandatory to transfer it to his wife's or his sons name before selling it. If not required is there any time limit for that as per law. Or is it ok if we leave as it is on my father's(who is deceased) name until it's sold out. 2) as u answered above I.e " at the time of partition, any grand-son/grand daughter shall also be added a party in the partition deed" one of the elder grandson(who is major at the time of partition) signature is missing know is it possible to that person to question about partition(since he is not satisfied about partition) which his father was accepted(now father is deceased).
krishna
(Querist) 06 May 2016
Since my father was deceased in 2012 where the property is still showing on my father name is it mandatory to transfer it to his wife's or his sons name before selling it. If not required is there any time limit for that as per law. Or is it ok if we leave as it is on my father's(who is deceased) name until it's sold out. 2) as u answered above I.e " at the time of partition, any grand-son/grand daughter shall also be added a party in the partition deed" one of the elder grandson(who is major at the time of partition) signature is missing know is it possible to that person to question about partition(since he is not satisfied about partition) which his father was accepted(now father is deceased
