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Sreenidhi (Software engineer)     19 March 2014

Family property

Back ground

My family house in Kerala, considered as more than  200 years old,  is undivided for generations. The partition deed circa 1960 among my dad and his siblings states that the Family House would remain un-partitioned and every member of the family has equal rights. The deed among my grand father and his siblings circa 1930 also states the same clause. We don't have any deeds prior to that with us.

Situation

Even though the house was not assigned to anyone, my grand father lived there and looked after the house maintenance. No other family member raised any claims. Then my dad (with family) lived with my grandfather there looking after him while all his siblings lived out of state. Grandfather passed away in 1989 and  my father, mother and kids (including me) lived there. My dad and mom passed away recently. 

The annual tax for the property is still being paid in the name of my grandfather.

Question

  1. Is there any legal right where in the property can be assigned to me or my brother?
  2.  As there were multiple branches in the family and we are not sure who all have rights on it.As the partition deeds for generations said that the property cannot be divided, is there any legal provision that we can exercise  to give any monitory compensation to extended families and assign the property to one person?

 Thanks



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     22 March 2014

If the circa is registered, you people cannot get it transferred in your name. 2, since it is clearly mentioned in circa that property would remain un partitioned ,  and if you are interested in that property then u have to pay  the other legal heirs of your fathers siblings to get their rights relinquished favg you people. If circa is un registered then IT IS JUST A PIECE OF PAPER.

adv.raghavan (Advocate,9444674980)     22 March 2014

In continuation to the above, u have to get rights relinquished from your grand fathers siblings or  from his legal heirs also.

Rajesh Sharma (xx)     23 March 2014

I have an ancestral house in Punjab  &  it is  on my name in the muincipality record under TS 1 Certificate/ Form. Electricity connection is also on my name. I want to get the same registered in the revenue record. Please tell me the procedure for registration on the basis of Ts 1 certificate/ Form.

Thanking You

Rajesh Sharma (xx)     24 March 2014

Sir,

I have an ancestral house in Punjab  &  it is  on my name in the muincipality record under TS 1 Certificate/ Form. Electricity connection is also on my name. I want to get the same registered in the revenue record. Please tell me the procedure for registration on the basis of Ts 1 certificate/ Form.

Thanking You

 

adv.raghavan (Advocate,9444674980)     25 March 2014

Dear friend, you have not stated as to what is the nature of ownership of your father and grandfather in the plots in question. What are the title documents you have to show their ownership. Do you have any Govt. document regarding this property. If it is established that it is indeed owned by your father or Grand father, then it will devolve upon their legal heirs by law of succession, if there is no Will. In such case, it would have to be seen as to who are the legal heirs of your father and Grandfather. They each would have share as per Succession law. If the property has an entry in Municipal records, then these legal heris can go to concerned office and get it mutated in your name.


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