Ancestral Property

Querist : Anonymous (Querist) 22 December 2010 This query is : Resolved
We have an Ancestral Property for which the will is missing/stolen. Will was not registered. Because there is no will the property now belongs to 30 people or maybe even more. Could u please suggest what can we do about the property?

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Devajyoti Barman (Expert) 22 December 2010
In absence of any tetamentary succession the said property is deemed to have been belonging to all the legal heirs in accordance with their legitimate share. So to demarcate in more appopriate amnner their respective shares they should enter into a deed of mutual partition.

bhagwat patil (Expert) 22 December 2010
All heirs will get their respective shares

adv. rajeev ( rajoo ) (Expert) 22 December 2010
Every member of the family will get equal share in the ancestral properties.

G. ARAVINTHAN (Expert) 22 December 2010
Property should be divided as per Succession Act

s.subramanian (Expert) 22 December 2010
Yes. I agree with the above experts.

Y V Vishweshwar Rao (Expert) 22 December 2010
1- If Will Deed Was executed and was there ! it is missing /Stolen - you can file case on missing/Stolen Will Deed , if you can prove that Will deed was properly executed by testator and it was missing /stolen - by showing other evidence - xerox copy - /or /a draft Will Deed copy - by recording the evidence of Scribe and Attesting Witnesses - if this is possible!

or

2- In the absence a Will Deed the property shall be divided in between all the legal heirs according to their legal share

Uma parameswaran (Expert) 22 December 2010
you can seek partitiion for the property.

Querist : Anonymous (Querist) 22 December 2010
This is a complicated case.Dividing between 30 people is not so easy. Moreover some of us are more entitled to the property because of the fact we have been staying in the house from the beginning and our grand parents have been looking after the house not to mention spending on its maintenance. The will that is missing stated that the house had been transferred to our grand father from his brother who had no kids.

R.Ramachandran (Expert) 22 December 2010
Dear Anonymous,
Your statement that the petition is to be done between more than 30 persons seems to be your wrong assumption.

Please indicate in whose name the ancestral property is there.
Please indicate the family position of the deceased person {wife, son(s) and daughter(s)] in whose name the property is there when he died.

Upon knowing the above position, a correct view can be given to your query.

Querist : Anonymous (Querist) 23 December 2010
I am in 3rd generation. The house belongs to my grandfather’s sister. The family tree:

Brother A (dead) - survived by 2 sons 5 daughters and grandchildren.
Brother B (dead) – no survivors. The house belonged to him. He left a will leaving the house in the name of Sister C (dead) who was not married and had no kinds. The will had name of all other siblings

Bother D (dead) - My grandfather. Survived by 2 sons and 3 daughters and grandchildren.

Brother E (dead) – 1 son 1 daughter and grandchildren.

Brother F(dead) – 3 daughters and grandchildren.

U can understand now how easily there are 30 heirs.

In the will it was also mentioned that D my grandpa was looning after A’s children as they had died very early. From the past 30 yrs only 3 family is staying in this house:

1>A’s 2 sons and their children
2>My father

Another will was made by B in favor of my grandfather, which is now missing. My question is:

1. Since there are only 3 families staying in the house for so many years do we have a say in the manner/proportion of division?

2. Can the property be divided without involving too many people?

3. Can the property be sold first then the money be devided?

Ancestral Property

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