Self earned property
Prom
(Querist) 16 October 2012
This query is : Resolved
My grand father purchased 3 properties in his name and 2 properties in the name of his wife i.e my grandmother. In the sale deed it is mentioned that my grandfather is the money payer for the 2 properties purchased in grandmother's name. My grandmother died in 1996 without any will.
Till date 2 properties are in the name of grandmother.
In 1998 grandfather made a notarized document titled "partition deed" in which he stated that he wants all the 5 properties to be given to his grandchildren and should take into effect immediately,as one of his son is alcoholic and created many problems related to the properties. But as all grandchildren were minor he mentioned that till they become adult his children will act as care taker of the properties.
One of the properties in the name of the grandfather is on 99 years lease from MIDC.
Now one of my father's sister is asking for
1/5th of the total property share. She has more wealth than us.
Can this document help us in creating partition as per grandfather's wish?
Please suggest
Thanks for your answer Mr. Sethi.
I have a query:
My aunt who is asking for equal share was helped a lot financially by my father and grandfather after her marriage, from clothes, furniture, grocery to education fees for her husband.
Her husband with no other income source was given a land of around 4000 sq. ft. for business from year 1985-1998 without any rent on oral agreement that after his financial status improves he has to give the land back to grandfather. The land was in the name of my grandfather till 1998. Within period from 1985-1998 by doing business in the given land he purchased a land of 16000 sq.ft,land of 35000 sq. ft and two more residential plots. Then when my grandfather asked back for his land in 1998, uncle filed a case on the charge of 'KULKAYDA'in Maharashtra. To put an end to quarrel my grand father made a sale deed in uncle's name for 200000 rupees. But now that aunty is asking for equal share. Can any one suggest how to proceed because we are not in condition to give her equal share. She has more property than us.
ajay sethi
(Expert) 16 October 2012
parttition deed has to be duly stamped and registered to be admissible in evidence .
in the present case it is only notarised not registered .hence not admissible in evidence .
did your grand father leave behind any will? in addtion in respect of properties standing in name of grandmother he could not have executed any aprtition deed
Prom
(Querist) 23 October 2012
Thanks for your answer Mr. Sethi.
I have a query:
My aunt who is asking for equal share was helped a lot financially by my father and grandfather after her marriage, from clothes, furniture, grocery to education fees for her husband.
Her husband with no other income source was given a land of around 4000 sq. ft. for business from year 1985-1998 without any rent on oral agreement that after his financial status improves he has to give the land back to grandfather. The land was in the name of my grandfather till 1998. Within period from 1985-1998 by doing business in the given land he purchased a land of 16000 sq.ft,land of 35000 sq. ft and two more residential plots. Then when my grandfather asked back for his land in 1998, uncle filed a case on the charge of 'KULKAYDA'in Maharashtra. To put an end to quarrel my grand father made a sale deed in uncle's name for 200000 rupees. But now that aunty is asking for equal share. Can any one suggest how to proceed because we are not in condition to give her equal share. She has more property than us.
