How to do partition of property

arunan (Querist) 06 June 2020 This query is : Resolved
My grand father had a property in Bangalore he died in 1986. He had 2sons and 2daughters all married and have children's. 2son has been died 2daughter alive with age 75y and 73y each as per law of father died before 9.septm2005 daughters has no rights but the fact is partition is happening now how should the property be divided in 2or 4shares

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This discussion addresses how to partition a grandfather's property in Bangalore. The property, inherited after his death in 1986, is being divided now among his two sons and two daughters. While initially there was confusion about daughters' rights, it's clarified that as per the Hindu Succession Act, 1956, daughters have equal rights to self-acquired property. The process involves ensuring all legal heirs agree on the division, potentially through a settlement deed, and understanding that any mutual settlement is binding on future legal heirs. If one heir needs immediate cash, a registered sale agreement can be used for their share, with a property search report recommended beforehand.

Raj Kumar Makkad (Expert) 06 June 2020
Whether the property of your grand-father was self acquired or ancestral?

I presume it as his self-acquired and he died intestate in the year 1986 leaving behind his 4 successors hence the said property shall be divided in equal share among all 4 legal heirs of the deceased as per Hindu Succession Act, 1956 which was prevalent at that time.

Rajendra K Goyal (Expert) 07 June 2020
It seems the property of grandfather was not divided before the amendment.

The property would be inherited by sons (their legal heirs) and daughters.

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P. Venu (Expert) 07 June 2020
There is nothing to suggest that the property is ancestral. As such, the property is jointly vested with the daughters as well.

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Sudhir Kumar, Advocate (Expert) 08 June 2020
how can you say daughters have no right. have they relinquished their rights of excluded by any WILL.

Dr J C Vashista (Expert) 08 June 2020
Every issue relevant to the query can not be presumed to respond and oblige for the question raised by author.
The author did not submit reply to the questions raised by expert Mr. Raj Kumar Makkad, implies it is a fabricated story.

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Raj Kumar Makkad (Expert) 08 June 2020
Posting the query and thereafter keeping long silence ipso facto shows that the author has no interest in the replies and so it should be treated as resolved.

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Rajendra K Goyal (Expert) 08 June 2020
In such circumstances, the query be treated as resolved.

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arunan (Querist) 09 June 2020
Thanks for all replies. Its true we are about to divide the property now. What all issues may prevail if I keep that property in my name and settle all 3share as money. Will there children's can ask share of property after the death of daughter and the other party

P. Venu (Expert) 09 June 2020
You need to execute a settlement deed with the others relinquishing their rights and shares.

Rajendra K Goyal (Expert) 09 June 2020
may revert in case of any new question during / after partition or otherwise on the issue.

Raj Kumar Makkad (Expert) 09 June 2020
If a mutual settlement takes place as on now on the agreed terms and conditions and the same is duly executed, the same shall also be binding for the legal heirs of the parties to the settlement.

arunan (Querist) 11 June 2020
My dad has given money to purchase land in his bro name at 1984, that original sale deed is with me but his son has sold the property at his age 16with out original paper and when asked he said it was in my dad name I sold it. Will I get any material profit if I put case keeping orginal sale deed

arunan (Querist) 11 June 2020
My dad had 25*80 site in b.lore which way will reduce property tax to BBMP. Either paying as same measurements or dividing the property by 4legal heirs and after that paying the property tax which is more profitable and what is the property tax for 25*80sqft rented income

P. Venu (Expert) 11 June 2020
These are separate issues. Please post in fresh threads.

arunan (Querist) 11 June 2020
Ok I have asked in sepearte threads kindly do reply

Raj Kumar Makkad (Expert) 11 June 2020
I have replied against your separately posted thread.

Rajendra K Goyal (Expert) 13 June 2020
Local rules / rates applicable, discuss with local lawyer / consultant.

arunan (Querist) 23 June 2020
Now if I purchase this property should I need to get sign from paternal aunty and there children's are major also or only if paternal aunty signs it's enough?. Local stamp vendor put family tree and adviced all 11grand childrens born for 4childrens of grand father total 13memebers have to sign is it true which is valid as per law

Rajendra K Goyal (Expert) 23 June 2020
If your paternal aunties are alive, signatures of their children not required.

The property is not ancestral.

arunan (Querist) 27 June 2020
My cousin could have lended some hand some money showing this property from private or local rowdy financially people so before purchasing his share I want to knew whether any body may interfere for money or etc on this property so what I can do to knew wether he has already sold his share or taken money etc before I purchase

Rajendra K Goyal (Expert) 27 June 2020
If some claim comes before you, deal the same in accordance to the circumstances / grounds of claim / encumbrance existence if any.
You are not a party / responsible for the money borrowed by your cousin.
You can directly settle the loan first with lenders and pay rest if any to your cousin.

arunan (Querist) 27 June 2020
Untill I display or go to position this scenario won't come to pictures

arunan (Querist) 28 June 2020
My cousin bro is asking for immediate settlement of 5lac and remaining on date of registration how to do this transaction successful binding law. He has some urgency

Rajendra K Goyal (Expert) 28 June 2020
Get the search report through your lawyer, enter into a registered sale agreement and give the amount as token money.

arunan (Querist) 28 June 2020
Apart from him there are other 2share holders of the property and the property is still undivided status. So I may have to enter a sale agreement with individual of share holders like u adviced

Rajendra K Goyal (Expert) 29 June 2020
If all shareholders are ready to sell, get sale deed executed from them individually for their undivided portion. Make individual payment.
If all do not agree to sell, purchase the undivided share of cousin, file case for partition if partition not agreed by all shareholders.

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