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Amit (XXX)     13 May 2012

Ancestral property division law advise

 

Consider a property owned by a person A supposingly 200 Yards. Person A is a male and has a wife , 2 sons and 3 daughters namely W, S1,S2,D1,D2,D3 respectively.
Now Person A dies, so the whole property now gets owned by 6 family members( Legal heirs successors )  ( 2 sons,3 daughters and Wife ). And 3 daughters released their shares legally to A's wife (i.e their mother) and S1,S2. 
 
Now the whole property is owned by only 3 family members i.e Wife (W), S1,S2. i.e they are now the legal heirs successors.
 
Now after sometime, A's wife i.e Mother also dies.Now according to law ,all family members i.e 2 sons,3 daughers are again legal heirs successors of her 1/3rd share of the whole property.
 
Now two daughters D1,D2 again released their undivided shares ( 1/15th each) to one of the sons S1. 
 
D3 didnot release her 1/15th undivided share yet.
 
So total shares of all as of now
 
S1 = 1/3  + 1/15 ( Mother's share) + 2/15 ( 2 Daugheter's shares) 
S2 = 1/3 + 1/15 ( Mother' share ) 
D1 = None ( Released everything)
D2 = None ( Released everything)
D3= 1/15 ( Mother's share)
 
 
Now i am confused with one part. Can registery be made of the property owned by S1 and S2 without partition deed.?? and without D3's intervention?
 
Whats the procedure to proceed futher if suppose S2 or S1 wants to sell their share/ property ( property here means undivided shares & physical possession)??
Till now no partition deed has been made. Is it possible to make registery of the undivided shares without partition?
 
Pls correct me if i am wrong. I am not an advocate so words used may be wrong.
 
Waiting for your kind revert


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