Ancestoral property
Laxmisaran
(Querist) 15 May 2015
This query is : Resolved
Attached is the family chart. The owner of the property have 3 children's(2 daughters+1 son). Gave the property in writing for 2 kids and unwritten for one son. Following are my questions.
1)Whether the legal heirs of the son are allowed to construct in the unwritten property or land?
Note: Unwritten means, the property is in the name of owner(ie. the son's father).
2)Whether they are allowed to let out the constructed place?
3)What is the procedure for the legal heirs of the son to construct the property?
4) Note: The legal heirs of the son are staying in this property for more than 50 years.
Thank you.
adv. rajeev ( rajoo )
(Expert) 15 May 2015
If it is unregd., deed then it has no value, because as per the india registration act sec.17 any property worth more than Rs.100 is registration is mandatory if it is transferred.
If they want to construct the house, first their names should be entered to the property extract then only they will get right on the prooperty
Kumar Doab
(Expert) 16 May 2015
The query does not provide full information even the most imp. one e.g. Is the owner alive or deceased!
Is the owner alive?
Is it self acquired property of the owner?
If owner is deceased then : What is the date/month/year of death:::::Which personal law applies to deceased owner e.g Hindu Succession Laws etc?
What is this property; agriculture?
In which state the property is located?
How did the owner 'Gave the property in writing '.............e.g. WILL, Gift etc?
Rajendra K Goyal
(Expert) 16 May 2015
The questions raised by the expert Kumar Doab are important, need to be answered first.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
The author may answer the questions raised by experts so that proper opinion can be rendered.
Laxmisaran
(Querist) 17 May 2015
Below are the answers for the questions raised.
Is the owner alive?No.
Is it self acquired property of the owner?Yes.
If owner is deceased then : What is the date/month/year of death:::::Which personal law applies to deceased owner e.g Hindu Succession Laws etc?
I dont know about the date. Year is 1987.
What is this property; agriculture?No. Residential property.
In which state the property is located?
Tamil Nadu..
How did the owner 'Gave the property in writing '.............e.g. WILL, Gift etc?
It is still in the name of the owner. Not given in writing to anyone. But the owner gave some property to other two daughters in writing and told orally to his son, that the property is only for him.
Note: Other two kids of given with the property by writing. Also, the grand children of the owner are paying the property,water taxes for the last 50+ years.
Hope, i answered for the questions. Thank you.
T. Kalaiselvan, Advocate
(Expert) 18 May 2015
1)Whether the legal heirs of the son are allowed to construct in the unwritten property or land?
Note: Unwritten means, the property is in the name of owner(ie. the son's father).
If the property is still in the name of the original owner and the owner is reported to have died intestate, then the property will devolve equally on all his legal heirs, this will be in addition to the property already given to some of the legal heirs during his life time. The legal heirs of the son can construct only after proper partition and separate possession of their share of property after due partition. Without that, any action by them can be considered as illegal and even criminal complaint can be filed for land grabbing offences.
2)Whether they are allowed to let out the constructed place?
Construction itself is invalid, then where is the justification for letting it out on rent?
3)What is the procedure for the legal heirs of the son to construct the property?
As explained above, a proper partition is to be done and after that only he can think about constructing any building in it.
4) Note: The legal heirs of the son are staying in this property for more than 50 years.
This cannot deprive the co sharers of their legal and legitimate rights to share in the intestate property as a legal heir by them.
malipeddi jaggarao
(Expert) 19 May 2015
I agree with the advice of expert Mr.Kalai selvan.
Laxmisaran
(Querist) 16 June 2015
The property is not partitioned. However, one of the legal heir of the son have constructed a house. The legal heir constructed 10 years before, which was brought to our knowledge now.
What will be the legal action to take?
