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robin (ENGINEER)     12 January 2011

Parents passed away without partitioning

My parents passed away without partitioning  my fathers ancesteral propery..ours is a christain family and i have 2 sisters and 1 brother.

We dont have a seperate title deed for our fathers property but my grand parents have mentioned about this in the master title deed.

what are procedures involved for claiming  the legal heirship of the property.

My siblings are ready to give the propery to me because i have settled them with money.



Learning

 3 Replies

Darshan Panchal (Advocate)     12 January 2011

so far as partition is concerned, u can seek partition through civil court. However, like u said if u have arrived at a settlement and they are ready to release their share from the property, then you may obtain their release deed. having said that release deed is compulsorily registrable and will have to be stamped. Nonetheles, its a substantial document and proof that they ineed released their rights for value which was reduced to a registered writing. Unregistered deed will have no value and revenue authorities will not make a mutation either.

robin (ENGINEER)     12 January 2011

My grand parents have given  part of there propery  to my parents (combined ownership of my father and mother).So while filing the sucession ,i have to claim the sucession of my father and mother seperately or together.

Thanks

robin

Darshan Panchal (Advocate)     12 January 2011

again as i said earlier, if u have arrived at an understanding with ur siblings, get a release deed. u can also go for partition deed inter se but release deed will be more substantial document and tin future anybody cliams any right or share in the property u have a substantial document to show that all rights by my siblings have been released for consideration.
 


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