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deepak (service)     22 January 2014

Ancestral property

Dear Sir,

I have a query, kindly help me out. My Grandfather had 1 residential property and 2 plots in Rajasthan. Before his death ie in 2003 he divided the same between all the 3 brothers through lucky draw system (lottery system). It was decided that One brother say A will get 1 plot with Rs. 100000 in cash for construction of house and second brother say B will get second plot and Rs 100000 in cash for construction of house. The third brother say C (my father) will get the constructed house. This was not put in writing neither any documents were registered.

Now as on date A and B are not ready to sign the documents for the constructed house to get in favour of C, for which C is entitled. They want share in the the share of C (ie constructed house) also in addition to their share. C is having the possession of this house though, locked not used for residence. C is also having electric bill and water connection in his name. 

Here my query is 1) how can C get the house in his own name ? 2) Can C sell this house legally to third party. Is there any legal legal obstacle in this? 3) whether other brothers A or B can take any objection to this or can take legal step against C? 4) If A or B take legal action, what is the possibility that the property will remain with C and how?

Thanks in advance.

DD



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 January 2014

Oral Division  is not valid. If it is in writing, as per the document can allocate the properties among the brothers. if nothing is writing, then all the properties must distribute equally. 

1 Like

Laxmi Kant Joshi (Advocate )     22 January 2014

Deepak your grandfather had distributed the property orally on this belief that this is family settlement his sons will obey his instructions but ......, it will be better if your grandfather made a registered family settlement deed or made his will of his property , your father can not sell his house because he is not the owner of the house , now after taking legal heirness certificate the property will be divided in three equal parts means everyone is entitled 1/3 share of the property .
1 Like

deepak (service)     28 January 2014

My father cannot claim him right in the house property or sell the same even if he is in the possession of the property and having electric bill and Water connection in his name? and if the matter goes in the court, will the decision come in my father favour?


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