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mayilsamy n (student)     23 November 2009

ancestral property partition

Hi,

 

I have a query regarding the partition of the property,

 

Property: 6 acres of vacant land.

 

We belong to hindu family, residing in Tamilnadu.

 

My grandfather (he (1993) and his wife (2004) deceased)  had 2 sons and a 1 daughter, all are married. Their children (includes me also) have attained majority (18 yrs of age). First son has 3 sons, the second son has 1 son and the daughter has 1 daughter and a son.

 

 Now 2 (my father and his Brother) sons are planning for a partition of the property, the daughter(my aunty) has accepted money instead of Land.

 

1. In making the documents for this partition is it necessary that all grand children name has to be mentioned along with their shares in property?

 

2. or can we make a document as if the 2 sons and 1 daughter making partition among themselves. If such a document is prepared and no grand children signs the document, will the document bind the grandson or will it be open for grand children for dispute in the future.

 

3.or if the document is signed by all grandsons as witness, will the document be safe.

 

4. or is there any other way to document it???

 

Question: which way of documentation will be safe for all of us?

 

Thanks in advane for reply....

 



Learning

 10 Replies

niranjan (civil practice)     23 November 2009

Partition Deed. Grand childrens will be included in their father's share.

raveendran (chief executive)     23 November 2009

bette to enter into a registered partition deed between al co sharers.

1 Like

mayilsamy n (student)     23 November 2009

if i have to go by this , i can use option - 2 ( as mentioned in my above query ), correct me if i am wrong.

Thanks for your reply

mayilsamy n (student)     23 November 2009


Partition Deed. Grand childrens will be included in their father's share.

 

Originally posted by :mayilsamy nachimuthu

" if i have to go by this , i can use option - 2 ( as mentioned in my above query ), correct me if i am wrong.
Thanks for your reply
"

Srinath Kondapally (Advocate)     25 November 2009

In any partition process all legal heirs should be necessary parties to that, if non-joinder of the same such process will be null and void, and such co-sharers shall have right to challenge the same in the court of law, and hence even though iif there are minorheirs they a;lso must be joined as necessary co-sharers for the same by way of representing their guardian: If there is any possibility for amicable settlement/partition among all of ur legal heirs better to execute a family settlement deed or partition deed by mentioning respective descripttive particulars oiof each share followed by registration process,if otherwise disputes may raise in future among ur legal heirs for ancestral property. 

1 Like

K. Rajendra Prakash (Advocate)     30 November 2009

Grand children will be included in their father's share.

Soni (n/a)     02 December 2009

If partition has taken place amicably already, where do we register the family settlement deed?  Do we have to register this settlement agreement in court or in a municipal office or some other place?  Please advise.

Srinath Kondapally (Advocate)     02 December 2009

u have to execute respective registration  of partition deed/family settlement deed before the concerned registrar's office only as per the Law.

Srinath Kondapally (Advocate)     02 December 2009

u have to execute respective registration  of partition deed/family settlement deed before the concerned registrar's office only as per the Law.

K. Rajendra Prakash (Advocate)     04 December 2009

Before the concerned Sub-Registrar Office.


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