My grandfathers proeprty
Logu
(Querist) 29 January 2013
This query is : Resolved
My present situation is
We have a property (old house and agricultural land) owned by my grandfather.
The old house measures 3600 square feet and agricultural land 60 cents.
My father has only one sister both have two sons each.
My father has reconstructed his own house (1+1) after demolishing the old house. The new house measures 1600 sq feet and 2000 square feet remain vacant in back.
My father's sister has come now to ask her share. The house patta is in my fathers name and agriculture land is in my grandmothers name.
My question is
1. We are ready to share the property. But is there any property law/rule for doing this (like 50-50).
2. They are demanding that vacant 2000 sq feet land and share in agriculture land. Please advise or help how to proceed. Can we share among the four sons or father and his sister.
If you need any further deatails please let me know.
Regards
Loganathan K
Anirudh
(Expert) 29 January 2013
Please indicate whether your grand mother is alive.
Logu
(Querist) 29 January 2013
He is dead. My grandmother is also dead.
Anirudh
(Expert) 29 January 2013
In that case, the entire property is to be shared equally between your father and his sister.
It is not clear how you got the house patta in your father's name, when your father has a sister and she is also entitled to equal share in the same.
Any way, your father is not correct in constructing on 1600 sq.ft. without first partitioning the property. At the time of partition, instead of leaving the back portion of 2000 sq. ft. it would have been nice if he had left either left side or right side of the property.
In any case, your father's demand for equal share in the agricultural land and equal share in the remaining house property is justified and legally correct.
Your father has no other go than to give her due i.e. 1800 sq.ft. in the house property and 50% in the agricultural land.
(Since your father has without first effecting the partition of the house property constructed the building, and has only left the back portion vacant, probably your father's sister would ask for the entire vacant 2000 sq.ft. instead of her eligible share of 1800 sq.ft. This you people have to sit, discuss and settle.) If you go to court, or if she goes to court, your father's sister will win.
Keeping this in view, you have to get the matter amicably settled.
The children of your father (i.e. you and your brother) or the children of your aunt have no role to play at this stage.
Logu
(Querist) 29 January 2013
Many thanks for your advise. The reason for leaving the land vacant at the back is that the land is more in length and less in width. Also there are houses on both sides. It was not possible to share side by side.
We are going to give her the share. Is there any procedure or law for doing this!!! Please advise sir.
We are going to measure the house land. Go to the register office and apply for partition. I hope surveyor will do that. Any point to add!!!
ajay sethi
(Expert) 29 January 2013
get deed of family settlement drafted by a lawyer . have it duly stamped and registered .
Anirudh
(Expert) 29 January 2013
You get drafted a family settlement on Rs. 100/- non-judicial stamp paper.
This settlement deed will say that (i) the property - describe the house property separately and the agricultural property separately (indicating the survey number, boundaries etc.) - was owned and possessed by Mr........ (your father).
That Mr. ..... died on ..... That his wife Mrs. ...... died prior to him on ......
After the said demise of Mr......., you and your sister being the only legal heirs have discussed and settled that the properties would be equally divided between both of you. (when I say you, or both of you, you have to change the language/words suitably).
Now, we have decided to record the said family settlement in writing to be of a document for future reference.
Now therefore this deed of family settlement witnesseth as under:
1. The land measuring 3600 sq.ft. is divided equally and Mr. (give your father's name) son of late Mr....... and Mrs. (give your aunt's name) daughter of late Mr...... and wife of Mr...... will have the property fully described as under:
(a) The land measuring ...... sq.ft. on which a building has been constructed by
Mr....... bounded on the north by ....., on the east by....., on the south by..... and on the west by .......; will go to Mr. ....... as his share;
(b) The vacant land measuring ...... sq.ft. bounded on the north by ....., on the east by....., on the south by.... and on the west by..... will go to Mrs. ..... as her share.
(c) The Agricultural land measuring ....... bounded on the north by ....., on the east by....., on the south by.... and on the west by..... will go to Mr. ..... as his share.
(d) The Agricultural land measuring ....... bounded on the north by ....., on the east by....., on the south by.... and on the west by..... will go to Mrs. ..... as her share.
The parties will hold the above properties as absolute owners without any let or hindrance from any quarters or from persons claiming through under them.
There are no other properties left behind by the deceased Mr. ...... which needs to be shared between Mr. ...... and his sister Mrs..............
IN WITNESS WHEREOF THE PARTIES HAVE SET AND SUBSCRIBED THEIR HANDS TO THESE PRESENTS ON THIS .... DAY OF ...... 2013 IN THE PRESENCE OF THE FOLLOWING WITNESSES:
(name) (name)
Witness with complete address:
1.
2.
After getting the above Family Deed executed, please get the same registered in the Sub-Registrar's office.
On the basis of the said Registered Family Deed, you can get the properties mutated in the respective names in the Revenue Records.
You can also take the help of the Local lawyer for this purpose.
Logu
(Querist) 29 January 2013
Many thanks for this great help!!!
An update on the above:
My father's sister had approached us for the partition. He had asked my father to register the vacant land. They have registered mutually. It is called dhanam settlement (he did not inform any of us and approached register office).
My query is whether such mutual understanding and sharing is done using the document named Dhanam patram (in tamil) and not bhagapirivu. Please advise.
Since the land did not have any patta earlier and my father had applied under his name. Since patta is under his name the dhanam settlement was suggested. How far this is ok. But both the property owners have shared their property and registered.
R.K Nanda
(Expert) 29 January 2013
no more to add.
Logu
(Querist) 20 June 2013
An update on the above:
My father's sister son had approached us for the partition. He had asked my father to register the vacant land. They have registered mutually. It is called dhanam settlement (he did not inform any of us and approached register office).
My query is whether such mutual understanding and sharing done using the document named Dhanam patram (in tamil) and not bhagapirivu is ok. Please advise.
Since the land did not have any patta earlier and my father had applied under his name in 1996. Since patta is under his name the dhanam settlement was suggested by the registar. How far this is ok. But both the property owners have shared their property and registered.
