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Dh (Engineer)     25 December 2015

Partition of family property

My grandfather had a self-earned property of 24 acres in Krishna District, Andhra Pradesh. 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, my grandfather passed away without making any will. just six months after my grandfather's demise, 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. 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 his 5 acres to my father through a registered release deed, to save on stamp duty. During the registration, his only daughter, i.e, my sister, did not sign though she is unmarried and 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 ten acres. 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 than that. The 24 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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 1 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     26 December 2015

1) The acreage calculations are not tallying.  Out of Ac 24, if GrF retained Ac 6, given First son S1 Ac 8 and S2 Ac 8, the left over  would be Ac 2, how is that Ac.5.

 

2) Is there any written document or partition deed to establish the understandings as stated, executed during the life time of your GrF or all said is only oral.

 

3) Towards Payment of debts of GrF by S2, is there any recorded evidence to prove so.

 

4) The daughter of S1 who stood as attestor/ witness is sufficient having agreed to alienation of Ac 5, need not necessarily executve the transfer deed.  She was unmarried major Hindu female.

 

5) However if there is nothing to show on record of the whole transaction starting from GrF, the daughter gets the rights of Hindu female as to her own share calculated on the entire property.

 

6) The shares of S1 and S2 will be calculated seperately from which that Ac 5 and the paid off debts will be accounted for.

 

7) Full facts of the case are needed.  You may call on local property law expert lawyer and seek his advice to whom the unanswered questions as to the facts can be furnished.


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