Self earned property-distribution as per law
ksr prasad
(Querist) 09 April 2016
This query is : Resolved
My uncle has built a house before he passed away in 2007. This is a ground+2 construction and it is entirely out of his own earnings. He has left behind wife and two sons. Elder son has a major son and younger has a minor son as on date. They want to distribute the property(house) now and go for a partition deed. The house has a ground floor and then a duplex type construction for first & second floors. Please clarify the legal position and answer the following queries:
1. How many partitions shall be made & in what ratio? Should the partition deed be registered or not necessary?
2. What are the roles of major grandson and minor grandson in the transaction? Should they sign the document?
Kumar Doab
(Expert) 09 April 2016
It is believed that you are Hindu.
If yes:
The Mother, wife, children of the deceased owner shall share the estate equally.
Submit death certificate and record the inheritance in mutation records and obtain the updated copy (Fard).
In case it is a built up structure all of the successors can go for amicable family partition and register it.
The share of grandsons is from share of their parents and their parents are alive.
They can sign.
Rajendra K Goyal
(Expert) 09 April 2016
1. How many partitions shall be made & in what ratio? Should the partition deed be registered or not necessary?
Ans. Three portions, one each to wife and each son.
2. What are the roles of major grandson and minor grandson in the transaction?
Ans: No role till their father is alive.
