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k jagadeesh (-)     28 March 2012

Guardian authority in partition

In 1952 my paternal mother(grandma) bought agricultural land in TN.  In the sale deed in addition to her name as the buyer, my father,s name also included as a guardian as he was a baby in 1952.  Though he had two elder sisters, their names are not recorded in the deed. The property is self acquired by my grandma.

Now, we the grand children along with my father propose to carry out partitioning of the pr0perty amongst us equally. My grandma expired 20 years back and No WILL was made by her.  My auties i.e. my fathers both sisters also expired.

Could the learned advocates advise me on 1) Documentation required to be carried out before partitioning(whether at all required or can be gifted  by my father to his children based on 1952 records itself?) and

2) Legal standing of my aunties children while partitioning by my father

Thanks in anticipation, K.JAGADEESH



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 March 2012

It  seems that property was purchased by your granmother in the name of your father who was minor.  So your fther is the absolute owner of that property.  He can dispose of that property according to his will and wish.

1 Like

k jagadeesh (-)     03 April 2012

Dear Rajeev,

 

Thanks for your views.  I would appreciate some additional information on my first query on documentation to be carried out. i.e. whether he has to get the Transfer Deed made before partition?

Thanks again in anticipation,

K.Jagadeesh


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