Please suggest me...
sumit
(Querist) 10 September 2011
This query is : Resolved
A land has been purchased by three brothers A,B & C on their respective names. Now the case is that A has died and he has four sons and two daughters. A's wife is still alive but the land has been named on his childrens name after A's death.[my first question is that is it possible that wife being alived the land being named to his sons.]
Again now B & C wants to divide the land into three parts equally, so that the A's sons get the share of A and they get their own. kindly suggest me a simple solution so that all can get their part of share in land on their own name? If possible please suggest the procedure also.
Devajyoti Barman
(Expert) 10 September 2011
One time you say land is purchased in A, B nad C's name then you say in A's children name.
What is correct?
Execute and register a mutual deed of partition.
sumit
(Querist) 10 September 2011
sir after A's death, A's name is replaced by his sons.
now it is on the name of A's sons , B and C.
S.KARUNAMOORTHY
(Expert) 10 September 2011
how they have transfered to in the name of sons?
ajay sethi
(Expert) 10 September 2011
i presume A died without leaving a will .as far as A share is concerned it should devolve on his wife and 2 children . how was land transferred in name of his 2 children . ?
if property is to be equally divided deed of partition is ideal
sumit
(Querist) 10 September 2011
thanx and in deed of partition who has to sign in place of A.
M/s. Y-not legal services
(Expert) 10 September 2011
if A died with out any will mean.. A's legal heirs 4 sons, 2 daughters and widow wife.. all are having 1/7th share from A's share of 1/3.
M/s. Y-not legal services
(Expert) 10 September 2011
apart from that B and C are entitled to claim their [1/3+1/3=2/6] shares from the property.
sumit
(Querist) 10 September 2011
thanks all experts
prabhakar singh
(Expert) 10 September 2011
I agree with Mr.Tom!
1)you state the purchase was made jointly by A,B,&C then unless there is different allocation of share in the sale deed all three have 1/3 each.
2)you state A died leaving behind his WIDOW,4SONS AND 2 DAUGHTERS,hence A s'1/3 legally comes into hand of his 7 heirs so his widow has 1/21 and each of 4sons shall get 1/21,so also be case of 2 daughters getting 1/21 each.
If mutation is not recorded in name of all ,the same can be got corrected either by consent or by contest.
The desired partition can also be arrived at either by consent or by contest.
kuldeep kumar
(Expert) 10 September 2011
widow should get 4/21 and other heirs 1/21 each..according to notional partition.i added 1/7 to widows share..anything wrong with this calculation
R.Ramachandran
(Expert) 10 September 2011
Mr. Tom is absolutely correct in his calculations.
As replied by him, first the property has to be divided in to 3 parts - for A, B and C.
Then the 1/3rd share falling to the part of A should be divided into 7 parts - one each to A's wife, four sons and two daughters.
Thus, in the entire property, A's 7 legal heirs would get 1/21 share each in the whole of the property.
In the partition deed, apart from B and C, all the 7 legal heirs of A have to sign.
M/s. Y-not legal services
(Expert) 11 September 2011
Thank you seniors. Really am very happy while you are appreciate me.. My hearty thanks to you.
Advocate. Arunagiri
(Expert) 11 September 2011
A partition deed with their respective shares can be registered.
The calculations of Mr.RR and Mr.Tom is absolutely correct.
