Abhineet 12 January 2025

Query on partition suit, partition of ancestral house property dispute`

My grand mother bought a land in varanasi in 1980s. She had 2 sons (including my father who has passed away) and 1 daughter. Currently on that land a 3 floor house is constructed by my uncle. My aunt does not have any contact/communication right now with my uncle and with our family. Also as per our understanding she does not want a share in the ancestral property house. My uncle is willing to give me 1/3 share in house but is not willing to give me 1/2 share in house which I should get as my aunt does not want her part of share in house. How should I go about resolving this and getting half of the house property in my name?

Also please consider my mother and me as 1 entity as my mother is ready to transfer her part of property share in my name.

Thank you

Reply Follow

Quick Summary

This discussion addresses a dispute over an ancestral house built on land inherited from a grandmother. The original property was to be divided equally among her two sons and one daughter. Since the father has passed away, his share would typically go to his heirs (the user and their mother). The user's aunt is not currently in contact and reportedly doesn't want a share, while the uncle is willing to give the user only a third share, not the half share the user believes they are entitled to, especially with their mother also willing to transfer her share. The advice suggests the aunt and mother must execute registered release deeds to formally relinquish their shares, which would then allow the user and their uncle to hold equal shares of the property.

4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 12 January 2025

Your aunt shall execute a relinquishment/release deed for her share in the ancestral property of your grandmother. Then only your uncle and the legal heirs of your father have equal shares. Next, your mother may execute a gift deed for her share in favour of you or at her wish.

Advocate Bhartesh goyal (advocate) 13 January 2025

Since your grandmother had two sons and one daughter and she died intestate so her property rights will devolve to her to sons and one daughter equally 1/3 share and since your father is also no more so you and your mother are legally entitled to get 1/3 share.

Dr. J C Vashista (Advocate ) 13 January 2025

Very well analysed, explained, opined and advised by learned senior expert Mr. Bhartesh Goyal, which I endorse and appreciate his acumen.

T. Kalaiselvan, Advocate (Advocate) 13 January 2025

The property left behind by your grandmother automatically devolves equally on her children upon her intestate death.

Besides your aunt executing a registered release deed, your mother also has to execute a registered release deed in order to enable you to get half share in the property