Need help on Ancestral property division
Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
My grandfather passed away before dividing his property between his 3 sons. My father too passed away before the division of property. Now my uncles want to divide the property. The property had six blocks which were rented since more than fifty years.All the guys whom it was rented vacated except one who is asking money to vacate since they have been staying there for more than fifty years and no rent has been taken from them or any such records are there.
Now my uncles are saying since ur father had agreed in written to get that block vacated u would have to pay for it and get done. But my question is since the division has not happened and since my father never rented that property but it was since my grandfathers time people have been staying there, why should i pay. And if division has to happen of that property everyone should bear that cost to get it vacated and then only division should be done legally. My uncles say they have written stamp paper of 100 rs. where my father had agreed to own that side of property and taken ownership to get it vacated himself. My mom says it was just a suggestion and roughly done on paper but the same was not registered legally.
I want help on this urgently and want to know best way goin forward,
s.subramanian
(Expert) 23 February 2011
For rendering a fair and final opinion, you should give us the details of the document executed by your father. Unless the recitals are known,we cannot opine about the binding nature of the said document and its legality. As things stand,even if your father has executed such a document,since the property is ancestral, it would not take away your right to claim a partition afresh. That document cannot and will bind you. You can go ahead with your claim for regular partition afresh.
Ramakrishna Ponnekanti
(Expert) 23 February 2011
as per ref. stamp paper written means, it might be a division.even if not registered depending on wording it will be enforceable if signed and stamp duty and penalty is paid.unless the document is studied no further opinion can be offered.
Querist :
Anonymous
(Querist) 23 February 2011
Hi,
Thanks for your prompt reply.
The document executed by my father was done on a 100 rs stamp paper and was signed but was not registered. Stamp duty & penalty is not paid.
The document says that he is ok with division and it is his onus to get it vacated from current occupants since the occupied part comes to him.
Bhushan V. Kale
(Expert) 01 March 2011
You have to see whether entire property was partitioned amongst all the family members. If the block in dispute did not allotted to the share of your father, then you are not responsible to pay the amount to the tenant for vacating it.
