Hello expert's, I'm from Mangalore, Karnataka. Need solution from Experts in order to construct a house in my grand father's property. Currently, my ansecertal home is in depleted condition due to heavy rain lashed this year. My grandfather owned a agricultural land of 1 acre executed a partition deed (inherited from his father) on year 1989. Unfortunately grandfather and grand mother died within 10-15 years leaving behind the property . Eventually the ownership i.e RTC(Right Tenancy & corps) was transferred to their children's, i.e My dad, uncle,& Aunt.... Now, as I said in my earlier statement, I need to build a new house in the same land, currently owned by my dad, uncle and aunt.. In order to further divide and get this transferred from my dad to myself, I was verifying the partition deed that was executed by my grandfather on 1989...I was surprised to see a statement in partition deed that "If my Grandfathers sisters 'Mrs X' aged about 45Yrs & 'Mrs Y' aged about 75yrs also enjoys the equal share in the land.. If any of his two sisters requests the share in the property, then my grandfather was supposed to provide them a share in the property." My grandfather has already provided a share to his first Sister 'Mrs. X'.. But unfortunately 'Mrs Y' has not asked her property share since 1989. Her age was 75 years on 1989 and we heard that she has died. She had one married daughter 'Mrs Z' (her appx current age is 80 years)who was staying somewhere Mumbai and we don't know whether she is alive.. . We also heard that 'Mrs Z' had 4 childrens(2 son and 2 daughter) , who are somewhere in US/Delhi.... I'm helpless now.. How can I proceed to get the property divided and build a house for dwelling. Do I get a bank loan to construct a home?
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1) engage a detective agency to trace legal heirs of Mrs X and Mrs Y . Mutation of property has to be done in name of legal heirs
2) you can purchase their share in property
3) registered sale deed can be executed in your favour
4) in alternative they can execute gift deed in your favour
Is it possible to keep portion of land aside in their name & I can take my portion?
Any partition of property has to be signed by legal heirs of Mrs X and Y
Hi, Ask your father to executed the Gift deed in your favor and through the Gift Deed you can acquire the property and on the basis of the same you can contact the local authorities and get sanctioned plan and license. Suppose if you go on dig with sisters of your grandfather then you are not able to build a house in it.
If the partition deed had the condition that your grandfather's female siblings are to be given a share in the property, then there should be a specific mention in the same deed that who will give their share or whether all the shareholders shall combine to allot a share to the respective siblings of your grandfather.
If there is no such specific mention about this in the registered partition deed and the contents are ambiguous, then the shareholders i.e., your father, his siblings should execute a registered gift deed in your favor to transfer the property to your name.
Once the property is transferred to your name by a registered deed, you will become an absolute owner of the entire property after which you can apply for loan from any bank.
As it is you do not have any rights in the property at least not during the lifetime of your father, in fact you and other legal heirs of your father shall be jointly entitled to a share in your father's share in the property if at all your your father is dying intestate at a later stage.
Therefore even if a portion of property is set aside towards the share of the siblings of your grandfather, until and unless your father's siblings transfer their share of proeprty to your name by a registered deed, you cannot become an absolute owner of that share of property also.
Hence you better discuss with an advocate in the local at length and decide about the modalities by which you can acquire the entire property on your name by a rgistered document.
You can only do the aforesaid through a partition suit filed before civil court
