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Madhavi (house wife)     16 August 2017

Grandfather's(father's father) property partition

Hi Sir/Madam,
My grandfather's(father's father) property(house) is in bangalore, but then its been occupied by my uncle (father's brother). Its a 2-storied building, in the ground floor my grandparents were staying and in the first floor my uncle stays. The property is in my
grandmother's name, my grandfather expired on 3rd dec 2013 and my grandmother expired on 15th sep 2017. This property was bought by my grandfather with the money he got it after retirement. I do not have any document of the house. My uncle is not even ready to speak to my father regarding the property after my grandmother expired, he is ignoring my dad's phone call and even is trying to disappear when dad is trying to speak to him directly.

Can you please let me know how i and my father can claim for the partition nor make my uncle vacate the house? Can you suggest me on how to proceed. Pls advise.

Regards,
Madhavi



Learning

 18 Replies

Siddharth Srivastava (Advocate)     16 August 2017

Being the legal heir you along with other legal heirs is entitled to the property so your uncle is also entitled to have his share in the property. Talk to him otherwise your father can file suit for partition. You does not have any roght in the property so no question of your share arise.

Kumar Doab (FIN)     16 August 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     16 August 2017

In case of Hindu woman the nature and source of property matters.

The legal heirs of Hindu woman in case the property is absolute/self acquired, are: Husband ( If alive as on date of death), sons, daughters.........

In case of Hindu male the 1st right is of ClassI legal heirs i.e; Mother (If alive as on date of death), Wife ( If alive as on date of death), sons, daughters.........

 

Kumar Doab (FIN)     16 August 2017

Apparently; it is simple matter of inheritance: ‘Intestate Succession’.  

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC…. Or it is certainly available in O/o Authority…………

 

Generically speaking: The certified copy of death certificate, legal heir certificate is basic requisites…………….

The O/o Authority may transfer ownership in the name of Legal heirs.

 

 

Obtain mutation record with all link docs It should have all docs that you need and require.

.

Submit all docs as suggested above and get mutation records after updation……………… 

Kumar Doab (FIN)     16 August 2017

 

One perspective; Take possession of your share and do not give up possession….

Another Perspective; Get partition thru court of law and by metes and bounds……..and also pray for mense profits…

 

 

Kumar Doab (FIN)     16 August 2017

There might be other prespectives that you can inqire locally from local counsels of unshakable repute ans integrity specializng in such/civil matters, O/O Authority under whose juridiction property falls............

Azhagananth (Lawyer)     16 August 2017

Just approach a Civil side Lawyer with documents of the properties like Parent deed, Title deed, E.C along withDeath certificate  Legal Heir certificate and under his guidance file a "partition suit".

Kumar Doab (FIN)     16 August 2017

If said brother is not sharing title deed; Obtain mutation record with all link docs from O/o Authority and concerned official and  It should have all docs that you need and require.

 

Madhavi (house wife)     18 August 2017

Thank you very much Kumar..

I am not concerned about my share. My father wanted the share, where as my uncle is not ready to speak. My both grandparents have expired, i made a mistake in mentioning the date of expiry of my grandmother. These are the dates below..

Grandmother - 15th July 2017

Grandfather - 3rd Dec 2013

My father is trying to get the documents from the registration office..

I have another doubt in this regard. If suppose my uncle would have got the finger print of my grandmother on the empty documents and got it registered later, since my grandmother was on the bed for 1 month before her death. She doesnt know to put a signature. Will my father be able to get his share??

 

Madhavi (house wife)     18 August 2017

We belong to HINDU religion.

Madhavi (house wife)     19 August 2017

Thank you Azhagananth. My father is trying to obtain the documents from the registration office.
1 Like

Kumar Doab (FIN)     19 August 2017

Grandchildren have NO forced share in  self acquired proprty of Grandfather.

So your father does have equal share.....................and yor share shall be eventually thru your father.

 

The offiice/official that keep mutation records say; Patwaari, say Naib Tehsildar in MC has details of all mutations and link docs and it is easy toget such details from them..............

Any deed that is got signed under coercion,fraud, threat is invalid..........

 

 

Madhavi (house wife)     30 August 2017

Thank you for your valuable suggestions.

Now my uncle claims that he is got the gift deed done in his name. It is done by my grandmother before 45 days of her death that is in the month of june 2017.

I need another suggestion on this...

Is it possible to apply for a partition suit by my father if the gift deed is done??

Kumar Doab (FIN)     30 August 2017

The owner/title holder can dispose the property in her/his life time by a valid/registered deed say;gift deed.

In case of immovable property it is mandatory to register the gift deed.

The gift is complete the moment donor has gifted and donee has accepted the gift deed.

In your case the uncle i.e. donee is already in possesion of property said to be gifted.

The gift deed might have been submitted to update the mutation records.

 

 

 


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