Legal Question in Real Estate Law in India

My grandfather had two wives. One son (W) for first wife and three sons(X, Y, Z) for second wife.

In 1970's my grandfather orally distributed all his properties among his four sons and kept some property himself. After oral partition all sons has obtained pattadhar pass books and title deed for their share of land. All of his sons except X (my father), sold away individually a part of their share. Now Y has filed suit demanding for partition, stating that no partition took place between us and we were are all jointly enjoying the property. Will this suit stand?

My grandfather died in 1985. Grandmother died in 2011. My father X being the first son of second wife died in 2009. After my father�s death all the property in my father�s name (which he purchased and which he got inherited from his father) has been transferred to my mother�s name (A).

My father(X) and my mother (A) had one son (B), two daughters (C & D)

Now A, B, C, D (we are all married) is planning to give some property to my wife (E) and some property to myself (B).

1. Which way shall we give some property to my wife (E) (gift, settlement or any other way) to avoid further complications from my sisters and my father�s brothers?

2. Which way my mother (A) and my two sisters(C&D) can give some property to me (B) (gift, settlement, partition, release)?

3. If A, B, C, D registers a partition deed in which the whole property given to B�S share, except one house to A�S share and some nominal amount to C&D shares. Will there be any provision to C & D to approach court in future, that they got little share or low share in the family property? (As a Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005). At present my sisters are not interested in family property and are ready to give their share to me. So in which way shall I take their share to avoid further complications?

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?