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Ramana (Business)     09 December 2023

Ancestral property

We have below situation and need expert advice.

1) My Grand father (dead) had agricultural land and 4 childrens - one is elder daughter (dead), one is daugter, one is son(our father-dead), one is younger sister.(Note: Land was not registered only patta was in my grand father's name)
2) Now my father when he was alive had mentioned that there was oral partition done in family and all of them agreed.
(Note: Land was not registered and my father transferred the patta to his name from grand father's name)
3) Now after our father's death, myself and my brother did a partition deed and registered the property as agreed.
(Nore: Now land is registered under our names and we have also received individual patta on our names).
4) Now my father's sisters are claiming that they also have the share on property, now question is do they really have the share in the property? and does dead sisters childrens also have share in the property?
5) If yes, we will hold a discussion with them and lets say all of them come to common agreement, then what would be the legal process involved here?
Limitations are the father's sisters are old and they cannot come to register offices and wait and do registration due to their health issues.
Can all of them give POA to single person and then we can do a release deed here or how does this work out in this case?
 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2023

Your father's siblings are having rights for their legitimate share in the property which belonged to their deceased father.

The legal heirs of your deceased paternal aunt are also entitled to a share out of their mother's share in the property.

If they agree for a compromise settlement, then they can execute a registered release deed either in person ro through a registered power  of attorney deed authorising their power agent to carry out this task

Dr. J C Vashista (Advocate and Legal Consultant)     10 December 2023

Well analysed, opined and advised by learned expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.

Since grandfather died intestate his self acquired property shall devolve equally upon his children, wherein your father has a share along with his siblings.

Many "ifs" and "buts" make the facts posted as hypothetical and academic query.

Shashi Dhara   10 December 2023

Patta dont give ownership to your father or grandfather, search title ownership how he got that is through grant,purchase, or any other title deeds, if any one challenge including siblings of your father defend it in court that they have no right, court will decide, it takes 50 years to decide who knows who will be alive at that time.


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