Bappaditta (AM) 26 June 2017

Construction or sale of inheritted property

One land was purchased by my father at my Grandmothers name ,Fathers name ,My mother’s name (the same appears in mother deed).My father have 3 siblings .My grandmother and my father have expired .I want to know 1. Whether I can construct any property in that land without my aunts permission. I have a mutation in my and my mother’s name . 2. If I want to sell the property, what will be the share that each of them is legally entitled .Is it ( 1/3*1/4 =1/12 each ) .Also do I require prior permission to sell it . 3. Back side of the stamp paper reflects the name of the purchaser as “My grandmother’s name and ors “does it make any difference to the share of property my aunts are entitled to? EC has no records of mutation

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7 Replies

Raveena Kataria (Advocate ) 26 June 2017

Assuming that there are no records of such mutation with the authorities (and hence no proof), and that your property has been jointly purchased in the name of your deceased paternal grandmother, deceased father, and mother, (each having been assigned equal share of the property,) upon notional partition the shares would stand as follows:

As to your grandmother's share in the property, you will get 1/4 out of her 1/3 share, the rest 3/4 of that will be divided equally among your father's siblings.

Regarding your father's share, you will get 1/2 out of the 1/3 share of your father. (Your mother being entitled to the other half, so long as you are the only child.) Your total share in the property would thus be 1/4 (1/12 +1/6)

If you want to sell your share/portion of property, as is your right, you will need to have a partition effected. If you want to have something constructed upon the property, I'd advise you to seek the consent of the other members having share in it, or again, effect a proper partition deed (with metes and bounds,) so you can exercise your right of exclusive ownership over your respective share.

Ms.Usha Kapoor (CEO) 27 June 2017

I wholly agree with my learned friend MS, Ravina Kataria in this case.

Dr J C Vashista (Advocate) 27 June 2017

Show the documents to a local lawyer for better appreciation of facts and circumstances, which I found to be some confusing and there is hardly any scope for assumption qua share in the property, that is stated to be mixed with self-acquired and inherited portions.

Bappaditta (AM) 27 June 2017

Thank you for your reply,If i and my mother jointly decide to sell the property or construct in the property without prior consent of my aunts ,what can be the future consequence .My aunts having 25% share in this case ,put together are not agreeing to provide consent in either case .Is there any legal way to approach the same .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 30 June 2017

Who will buy your property? I will not. As for construction, that is your own decision.

naresh A Mr. (Others) 02 July 2017

I am not sure how you got a mutation of the property in the name of your mother and you when the other 3 siblings of your father have ownerships in the property.

You will have to get the partition done in the names of you, your mother and the other 3 siblings of your father based on your final shares and get a clear demarcation by metes and bounds of the partitions through a registered partition deed. Then you can deal with your part of the partition alone in the manner you like but cant do anything w r t the partitions of your fathers siblings. YOu can construct only on your partition and not theirs. You can consider buying the remaining portions from your fathers 3 siblings by paying them money for their parts and getting them registered through a release deed or gift deed whichever is applicable. That way you and mother can become the complete owners and are free to do whatever you want with the whole property.

Or better still all of you together sell the property to a third person, divide the money amongst you, mother and fathers siblings according to your shares...and with whatever money you get buy a new plot and do your construction there. Might take some time .... but would be stress free in future.