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Dh (Engineer)     20 December 2015

Property related question

We had a joint property of 27 acres in Krishna District, Andhra Pradesh. Its document was in my grandfather's name. Almost twenty two years ago, our family had an understanding that my grandfather gets 6 acres, my father's brother gets 8 acres and my father gets 8 acres. The remaining 5 acres was to be sold to pay off the family debts. However, my father took that 5 acres on condition that he will pay the debts by himself and he paid them off. In 2009, just six months after my grandfather's passing away, we sold his 6 acres plus my uncle's eight acres (for his daughter's marriage). As our share, we got the money for grandfather's 3 acres. Now 13 acres are remaining. In that, 3 acres is in my mother's name, so that is ours. In the remaining 10 acres, my father and uncle have equal right on five acres each. So, as per the previous understanding within our family that my father should get extra five acres (for paying the joint family debt), my uncle gave the 5 acres to my father through "Trasfer of Right" registration. It is not a sale agreement or registration. During the registration, his only daughter, i.e, my sister did not sign though she is a major at that time. She acted only as a witness and gave her witness signature.  

Now, six years after all this, my father wants to sell a part of our thirteen acres. It is in two partitions: 10 acres and 3 acres which, as already mentioned, is in my mother's name and has a seperate pass book. My father is afraid that my sister may claim right on 2.5 acres of the 10 acres. So, he is willing to sell only acre 7.5 or less in that. The 27 acres that my grandfather originally owned is what he purchased from another party. It is not inherited by him from his parents. So, as the previous sale happened six years ago, will my sister win if she goes to the court of law or will the court accept the case, atleast? How genuine is our document? And can we sell more than 7.5 acres or the whole 10 acre bit?



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 4 Replies

saravanan s (legal advisor)     20 December 2015

Do you mean your uncle gave poa to your father

Dh (Engineer)     20 December 2015

No, my uncle registered the five acres such that ''he is transferring the full rights on them to my father by taking suitable amount in return". Please reply soon as I need the reply fast.

adv.raghavan (Advocate,9444674980)     21 December 2015

If you uncle had got that property from your grand father by way of REGISTERED partition deed or by will, he has all the authority to do away with it. On the contrary if the family arrangement is unregistered, in that case he has to seek her daughters or all legal heir consent before doing any transaction. So let us know the full facts and we would be in a better position to attend to it.

Dh (Engineer)     25 December 2015

My grandfather died without making any will, We sold some of the property after his death. Moreover, My grandfather purchased the property from another person and he did not inherit it. So, doesn't it make my father and uncle (father's brother) the only legal heirs to the property. One lawyer told us that since grandfather did not inherit the property from his parents, he can give it to anyone he chooses. As he passed away without making a will, his two sons are the only rightful heirs. And so, my uncle can transfer his share to my dad through a registered release deed without his daughter's approval. Isn't that true?


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