Legal status of an ancestral property


Hi,

 

I was a joint holder of an ancestral property which included a house. The other joint holders were my brothers and mother. I had paid them (cash) for this property in 1999 as part of a verbal partition of all our joint properties including this one and took a notarised power of attorney from all the co sharers in return. In 2001, I executed a registered deed in my wife's name using that POA  as I got to know that registered POAs will be mandatory in Uttar Pradesh soon for transfer of property. Additionally, I executed a gift deed in my wife's name in 2006 for my share of the property as I was a joint holder. My mother is expired now since Sept 2007. However, she had signed a memorandum in 2007 stating that she and the other co sharers had received the money and gave me a POA. as she anticipated that the other co sharers may trouble me. Now the prices of property have gone very high since then and I actually started construction of house in the property after demolishing the old one. Now they are demanding a hefty amount and are threatening me with a legal suit. I was wondering if the title of my property is clear or not. Should I continue with the construction? I and my wife are living at this place for 30 years. The other co sharers sold part of their share in another joint property and have mentioned in written that partition has taken place. Doesn't that imply that partition of all the joint properties had taken place including this disputed one and not just 1 particular property was partitioned. Can I take this as defence in case of legal trouble. 

 
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Advocate

Dear Pushkar,

 A partial partition can be effected , but since you are in possession of the said property + money consideration for the same given by you to other coparcenors - gives you a good title over the said property. If a dispute arises, you may use the alienations done by other coparcenors wherein they have mentioned a partition having taken place as proof of your ownership over the said property.

One more aspect which I am not sure is whether, you can make a complete  gift of your share in HUF to your wife during the life time of your legal heirs.Pl take the consent of your legal heirs to avoid any litigation in future.

 
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