Ancestral Property Distribution - THANE

If you settle among your selves no law is needed otherwise there will be no of legal hassals.

Dear Shivkumar Sir,

Almost 19 people are in agreement to sign if i pay them money.  Secondly out of alive lineage 2 main family heads are not in agreement. I need to know what is my portion % in the property and portion of rest of heirs so that I will negotiate with them to sign off my part.  Even one complete family lineage i.e. my fathers sister's family members are willing to sale off their rights to me  (is it possible legally) please advise.

Best regards

Manish Lone

Dear Manish, in orderto determine the share of all co-parceners or heirs the best possible option is to file a suit for partition of joint family. Shares of each heir will be determined by the court itself and no hiccups will be there. Normally while deciding the shares inter se, lot of problems arise between the heirs regarding their share. Do consult a good lawyer in ur region.

Mr. Manish, I have gone throygh your query and your family tree as attached by you.

Firstly 5 legal heirs of your grand mother will get their share equally (means if there is 10 acres land then every 5 heirs will distribute 2 acres of land)

Secondly, in line of second heirs, every son/daughter/widow/widower of first 5 heirs shall get their respective share but only in 2 acres of their father/mother. (means if A had inherited 2 acres, and he has 2 daughter (B, C), 1 son(D), one widow (E), then his 2 acres will be distributed in equal share in between 4 persons, means 1/2 acres each.

Thirdly in heirs of third line, each person shall get their share from the share of second line heir. (as per above illustration) If 'D' died leaving behind his heirs as 2 son (F, G), 1 daughter (H), then these three will get thier share from 1/2 acre only, means 1/12  of one acre.

I think after read this u can under stand the rule for division of property. All 26 will not take equall share. Every one will take as per his line.

For better consultation you should contact a Lawyer with all details of land and heirs(To get the exact share of all 26 heirs). Or you can contact me on my mail id.

Dear Yadav Sir,

Thanks for your valueable input.  You have not mentioned your email ID over here.  Kindly note my email IDs as manishlone@hotmail.com & manishlone@gmail.com and request to provide your IDs as well.

There are couple more queries associated to this in view your answer to my question which will help me to build the strong case.  For instance Can one complete heir lineage sell or sign off their rights to me?  Since one complete set off heirs (one of my aunt) is willing to sign off for me.  Many other queries I have raised in my first mail too.

Kindly revert.

Thanking you once again & Regards

Manish Lone

You can get my id is yadavashok11@gmail.com, i didn't mention it because i have mentioned it in my profile, you could get it from there.

Mr. Yadav has rightly solved the problem,however I would like to add that in agricultural land one has to see that the land do not become fragment.

Dear Mr. Niranjan

Thanks for confirming advise of Mr. Yadav.  Would like to know further what do you mean by agricuture land do not become fragment. This land is no doubt agriculture land.  50% of it is not used for cultivating.  There is no N.A status obtained for any peice.

Please revert.

Regards

In Gujarat there is an Act which is Prevention of Fragmentation and consolidation Act, Irrigated land less than one acre and non irrigated land less than 2 acres are called fragmentation and and so land cannot be fragmented less than the specified area.Else the contigenous owner can purchase to consolidate with his own land.

Dear Mr Niranjan

There is law applicable in Maharashtra but only restricted to Mumbai city as read on net.  But still need to search on this.  Thanks once again.

pl.read "contigous"

Dear All

My grandmother earlier had a partitioned this property only to 3 brothers out 5 brothers/sisters.  The same was no recorded on paper and implemented.  Meanwhile almost all major witness to instance are dead and may be 2/3 witness are alive.

Out of coparceners  few are willing to testify about the original partition of grandmother.  If we record their statements while release deed or settlement of rights and register the same. Will it help me/us to execute same as per grandmothers original distribution.

I have also attached the xls file which has 2 sheets stating the actual % distribution within 26 family members and distribution exact gunthas to each person in accordance of %.

Request once again to clarify on this.

Thanking you  all...

Regards

Manish Lone

Dear All

Who advised me in this forum I am thankful to all of you. 

REQUIRED FURTHER ASSISTANCE. 

IF I WISH TO SALE OF MY SHARE OF PROPERTY TO ANY INTERESTED PARTY DO I REQUIRE THE CONSENT OF OTHER HEIRS ?

WILL THIS SALE AGREEMENT WILL BE REGISTERED AND EFFECT WILL BE GIVEN?

PLEASE ADVISE.

REGARDS

MANISH LONE

 Dear all

Compliments of the season  to all of you.

My self Shriram Rane, I have read Mr. manish case throughly. My case is also similar to him MY Grand father were having 5 sons and 2 daughters. we wish to divide our ancestral property equally to all of his immediate heirs.

But we could not able to understand how to distribute the same equally, the hurdles  are as under

1. all lands are not loacated side by side
2. all lands are not having the same style.

• few are agricultural
• few are for cash crop
• few are non agriculture and having only trees
• few are only non cultivating land

Now we wish to devide it equally

should we distribute the same as below

1. as per land
2. as per the yeild from the land
3. as per the cost of the trees having on the land etc.

Frankly we do not want to have inequality to any one of us.

awaiting your prompt reply.

thnaks and best regards