How to divide a ancestral property
kadir
(Querist) 04 June 2014
This query is : Resolved
sir,
I belong to a muslim (sunni) family and a resident of ghaziabad (u.p)
my query is...
we have a ancestral property and that property is aquired by my great great grand father.and that is agricultural land.
at present some portion of this land is use as shops,house etc.because all nearby area is developed as colonies (Aabadi area).
now my grand father is alive and aged about 80 years while his older brother has been died. all property is orally divided my mutual consent between my grandpa & his late brother.
but in khatoni name of my grandpa and his nephew is shown but area of land is still combined.
now my grandpa want to make a will to his legal heirs.can he do so ? because he is not a absolute owner of his property because property is undivided in paper and he is only a co-owner of that land.
my question is..
1.can my grandpa make a will?
some of my relative said that at first he have to make a partition deed between himself and sons of his late brother.and after that my grandpa can make a will for his share.
is that true?
if so how can we make a partition deed.?
and what is the procedure to make, register that deed?
plz help me....
Lawyer SALEEMA KABEER
(Expert) 04 June 2014
Even oral partition is valid if the partition was physically effected and separately allotted the shares to all the sharers. There is no need to execute a separate partition deed again.
A muslim can execute Will in respect of his 1/3 share alone. Even if a muslim executed will for his entire property, it is valid only for 1/3 share.
Rajendra K Goyal
(Expert) 04 June 2014
Yes he can execute a will as per personal law.
Sankaranarayanan
(Expert) 04 June 2014
i do agree with expert Lawyer Saleema Kabeer ji
ABDUL RAZIQUE
(Expert) 16 June 2014
Dear Kadir
As per your word " in khatoni name of my grandpa and his nephew is shown but area of land is still combined" that means the share of land is stand in 50% ratio of each brother(deceased brother or successors of said deceased and live brother). It is better that your grand pa executed a mutual partition between the share holder for sake of future litigation and there after he execute will or gift in his sons name.
