Partition deed
Querist :
Anonymous
(Querist) 07 May 2018
This query is : Resolved
Hi,
We have an ancestral property in the name of my grandmother. My grandparents has 5 childerns, out of 5 childerns my dad is the only son.
My grandparents and my dad expired leaving the property, some property katha is in name of my dad.
Is that we can sell the land or seek permission of the 4 daughters.
I need to make a partition deed for my family along with my dads sisters, We dont want to give land to them instead we will give money to all 4 daughters.
Paying money through cheque and mentioning that in partition deed will make sense in partion deed? Do i need to give land only for my dads sisters?
kavksatyanarayana
(Expert) 07 May 2018
All legal heirs of your grandparents have equal rights over the property. Only your father's share will be partitioned among your siblings and mother (all legal heirs of your dad). so settle the issue amicably with your aunts, elders and well-wishers. if your aunts agree to accept cash you do so.
Ms.Usha Kapoor
(Expert) 08 May 2018
I agree with Kavaksatyanarayana.Nothing moire to say.
R.Ramachandran
(Expert) 08 May 2018
If your Aunts have share in the land, then you cannot unilaterally decide not to give them their share in the land, but to give them money. You have to ascertain their view. If they want land, you have to give land. If someone wants money in lieu of land, you can give them money. You cannot compel them to take only MONEY.
Vijay Raj Mahajan
(Expert) 08 May 2018
5 children (1 son + 4 daughter) the, property has to be divided in 5 portions each getting one share each. Now if all five agree that the one son shall get the property in his name and 4 daughters shall get money for the portion of property, than this settlement can be done and relevant relinquishment deed of each of the 4 daughter in favour of 1 son can be prepared. The amount of money for the value of each portion of share can be given to each of the daughters. Even if any one of the daughter not agreeing for this arrangement, her portion in the property shall be given to her. The property can be divided in equal proportions or not that has to be seen. If the equal proportions cannot be made of the property, the best way to give each of the children their share can be by way of selling the property in market, collecting the proceed got after the sale that get divided in 5 equal portions, each of these 5 taking his/her share.
Asgher Mahdi
(Expert) 08 May 2018
You have not brief up your case , under which law it shall govern.
Kumar Doab
(Expert) 08 May 2018
Agreeing with Mr. Asgher Mahdi ....
Which personal law applies in this case say; Hindu?
What is nature of said property; agricultural?
It is in which state?
Apparently all daughters as in query were married at time of death of title holder?
How did property devolve upon Grandmother or was IT self earned/acquired/absolute?
confirm!
Kumar Doab
(Expert) 08 May 2018
Pls post with your ID and not as AQ you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
