shashank (Senior Engineer) 11 December 2011

Property share

Respected Sir,

I am new to this forum,would like to hear your valuable advice on property issue we are facing in our family.

My Dad has one Brother,2 Sisters and 1 sister who is expired.

We have a own house(G+1),we used to stay in ground floor,and my uncle on first floor.

The property is in the name on my grandmother who is no more alive.Now my uncle has started putting pressure on my dad to sell the house and divide the amount equally in between two of them.

The thing is we have given our ground floor for rent to my Aunt(father's sister) and we moved to a new place.Now the problem is ,my aunt is not vacating the house and she and my other aunt are demanding for a equal share in the property.They say we are demanding from our mother's property..

Complete house was constructed by my Father only,but the land is in the name of my grandmother.And my aunts both got married before 1983..So do they get equal share or can we go against them on this.

Appreciate your advices on this.

Thanks

Reply Follow

3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 December 2011

Since the Aunt is in possession of the relevant portion of the property (and not you), the only logical and lawful thing to do would be to prepare a family settlement deed, between all the parties concerned.

Keep Smiling .... Hemant Agarwal

shashank (Senior Engineer) 13 December 2011

Hello Hemant,

Thanks for your reply,So If I am not wrong,settlement deed is like paying them some amount of money and getting there NOC for us to sell the property..Please correct me if I am wrong.

Also,if my aunt was not staying in our house as tenant,would that have made any difference?would they still have right on the house share?

Thanks

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 December 2011

1. In the instant case, the property seems to be ancestral (presumably since your Grandmother may have not purchased it from her own money) .AND. all legal heirs (even females) are entitled to their share in the ancestral property, irrespective of the time period or physical possession factor.

2. A family settlement deed (duly registered) has the affect of law. The deed may have various parameters, like payment / receipt for relinquishment of their ratio of the property, which may also include exchange or division of the property or various conditions that may be mutually worked out or sorted out during a family private arbitration proceedings, in the presence of a neutral person or a lawyer or a senior relative of the community.

3. On successful execution of the Deed (payment / receipt or exchange or division or whatever) which should compulsorily include parting with physical possesion of the property, only then the individual property holder becomes rightful title owner and only then he is entitled to sell / exchange or whatever to his own portion of the property.

4. If a family settlement deed is to be executed, all the relevant and interested family members and their legal heirs have to be physically present for such family private arbitration proceedings and endorse their signatures on such settlement and then further register the same for a irrevocable lawful right.

Keep Smiling .... Hemant Agarwal