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property inheritance dispute - please help


Hi,

 

This is a detailed story but please be patient as I need some advice which I hope someone on here can help with.

 

My grandfather, in his will, left his house in Kerala, India to his 5 sons (one of whom was my father).  He left my father the largest share of the property and the other 4 brothers received a smaller share.  However, my father passed away before my grandfather, which meant that his share was shared equally between my mother and me, his next of kin.

 

My grandfather passed away three years ago but neither me nor my mother was there to take possession of the property at the time of his death.  Instead, one of his sons, with the Power of Attorney of the other 3 sons, created a new title deed (“Adharam”) which reallocated the land equally between all 5 brothers.   He claimed that although the partition was done by my grandfather as per the old adharam, the sons never paid land tax (karam) and acquired the property in their names -  this was the reason for why he said he had to re-partition the land into equal and create a new deed, as per kerala land revenue rules.   Me and my mother have not signed this new title deed/Adharam.

 

My questions are as below:

 

1.Are we right in thinking that this new title deed is invalid without our consent?

2.Are we right in thinking that the original deed is still valid?

3.If we wish to go with the new deed, do we need to do some sort of registration to take possession of our share?

 

What is a good course of action to take?

 

I can go into further detail if anyone has any questions.

 

Thanks,

Vj

 
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advocate

Mr.Vijai,

 

Few more questions before proceed with your doubts... first one is whether your grandpa's will is the one and only final will? two is at the time of execution of the said will Your father was alive? and three is New title deed as you said "Adharam" i could not get it proper meaning? whether it is a Sale deed or partiton deed or someother document???????? make it clear, apart from that once your grandpa executed a will if that will exist and final one there is no question to violate or difference in the contains of the said will, it holds good... new documents "Adharam" or not at all vaid.

 
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NIL

Hey Vj,

You said that your was passed away before your grandfather. So i just need to know one thing in this, was that WILL got registered (ofcourse it doesn't matter anyway). Is 4 members are alive still (excluding your father) ! Does the new title deed (adharam) has got registered or not !

You and your mother is apsolutly have a right on that property. Even though the other 4 members was created a new title also - that is not a valid document  (with out the legal heairs signatures of the largest share holder (i.e., your father)). And the Original Old deed is still validated one.

 
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Wealth Manager

You will have to show your old partition deed to a lawyer to check the wordings of the share of property given to your father. You are entitle to inherit the share of your father as per the old partition deed.

 
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Thank you all for the replies so far.  In answer to your questions:

 

 

Ravi Kumar:

 

“whether your grandpa's will is the one and only final will?”

This is what I am not sure about.  Does the newly created deed hold any weight?

 

“at the time of execution of the said will Your father was alive?”

No, at the time of execution of my grandfathers will, my father had already died

 

To clarify, the timeline:

 

First      :           Father dies

Second:            Grandfather creates will

Third     :           Grandfathers dies

Fourth   :           New deed created (by the other 4 brothers)

 

 

“"Adharam" i could not get it proper meaning”

 

It’s a Malayalam word I guess for the document which contains all the details of the property / ownership / partition.  Definition of adharam:

It is a document written by an authorized licensee in a stamp paper as per the value of land and registered in registrar office about the transaction made to a property.  It can be a will, or a transaction.  It includes the area, boundaries and sketch about a particular piece of land.

 

 

Kumar:

 

“was that WILL got registered”

Not sure what you mean here?

 

Also, what you say is also true even if my father was not the largest shareholder isn’t it?  If one person had refused to sign for the new partition, this would make the new document invalid, would it not?

 

 

I guess what I am wondering is, does the fact they have stated for the reason behind the re-partition hold any weight?  They are saying that since no land tax was paid by the sons after my grandfather died, the property was still under my grandfather’s name and so had to be repartitioned (i.e. a new document created).  They also referred me to the following:

 

State of Kerala versus Abdullah Kutty & Others 1969 (Kerala Legislative Times -  KLT 803)

Recital in the document that partition already took place and the documents to evidence it is a partition. All the executants mentioned in the partition need not sign it.

Kerala Law Journal.  KLJ  143 of 1969

 

Thanks

 
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