Share in grandfather's property

victimsaxena123@ (Querist) 14 August 2015 This query is : Resolved
My Grandfather got allotment of house after Partition from Government in 1955 per conveyance deed. My Father and my uncle (Chachi Ji) distributed the house further per Partition Deed (Taksimnalma).

We are two siblings/brothers. My Father per VERBAL Agreement gave other Plot in his(My Father’s) name to my brother (As his final share in property).

Later, he did Will (Vasiyat) in 1988 where he notified that my brother has taken his share in form of that plot and rest should be given to my other son (Myself).

Now, my elder brother is deceased and survived by her widow and 3 children.

My Father still hasn’t done registry in his name and has conveyance deed in my GrandFather’s name as well as Partition Deed (Taksimnalma) with him.

1. Can my father sell that house
2. Can he get that house registered in my name
3. Do my brother’s widow or children still have share/claim on this house.

Please help.

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Guest (Expert) 14 August 2015
First Get All the Documents of the Property Concerned Legally Registered in your Father's Name.For which you have to Obtain Legal Heir Certificate Of your Grand father where your Father's Brother Name also would Appear.After which the Partition Deed to be Registered For which you would Require the Consent and Presence Of Your Father's Brother Also.As per your statement your Father is Alive and it would be the Decision Of your Father Regarding Disbursement Of Property.Any How As Mentioned Earlier in Your Other Query Show All The Documents and Discuss In Detail with a Local Good Advocate.

Rajendra K Goyal (Expert) 14 August 2015
Consult local lawyer, show him all the documents and discuss.

victimsaxena123@ (Querist) 14 August 2015
Thanks Mr. Rajkumar but per my understanding, If I get this property registered in my father's name. Then also, my brother's family will have right on that as it being inherited property, not purchased by my father.

Kindly guide further on this aspect. Thanks

Guest (Expert) 14 August 2015
Once the Property is Registered in Your Father's Name with the Consent of his brother Your Father would be the Absolute Owner and He could Decide.

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