My grandmother has 3 daughters and a son. my grandfather died without making any will but my grandmother is still alive. All this time my uncle took care of the property and now its come for partition but there is a problem, my aunt ( elder daughter of my grandmother) is trying to make it a joint property without anyone's permission. 1: Does she have the rights to do that without my grandmothers permission ? 2: All the property is still in my grandfathers name , so do we have to make it in my grandmothers name before partition ? 3: Can we do the partition without my grandfathers death certificate ( because its with my uncle and he is not ready to share it ) so what do we do ? 4: Two daughters were married well before 1989 , do they have right on the property ? I know its lot of questions but i would appreciate if you can answer all the question because i am poor to afford a lawyer.
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All of them are co-sharer of the property and since the property is still undivided nobody can take decision on the joint property if same affects other's share.
To remove any such dispute, any of then can file for suit for partition and injunction so physical boundary of each share can be drawn.
All your grandfather's son and daughters are co-recipient of the said property. In the absence of will your grandmother, aunts and uncle can apply for succession certificate from court but death certificate of your grandfather is necessary. All of them are equal co-sharer of the property hence a joint petition can be filed.
What happens when the joint petition is filed by my aunt ? Do we still get our share and how ?
Joint petition has to be filed by your grandmother,uncle and all the aunts together. Your grandfather's property in absence of will has to be divided equally among your grandmother, aunts and uncle.
What if one of my uncle or grandmother does not agree for joint petition , can my aunt still file the Joint petition ? Because my uncle is not ready to share the property and he wants it all for himself. What are our options ?
1) since your grand father died intestate on his demise your grand mother , 3 daughters and son each have 1/5th share in property . your aunt cannot make it a joint property .
2) it is not necessary to transfer the property in grand mother name before partition .
3)you need death certificate of your grand father . apply for duplicate death certificate from Registrar of birth and Deaths
4) yes each daughter would have equal share .
if it is a joint petition it has to be signed by all the legal heirs to the property
if your uncle refuses to give share to other legal heirs file suit for partition
The property is not in anybody's name at present. Try to convince your uncle or grandmother. If they do not want any share in the property, they do so by relinquishing their rights in favour of other legal heirs who want a share in the property.
Do all the legal heirs have to sign to file a joint petition ?
Yes, but if your uncle is not co-operating then rest of the legal heirs can proceed with the petition, only it will take more time.
yes all legal heirs have to sign joint petition
An immovable property can not be divided by succession certificate.
It can only be done through partition suit or by mutual deed of partition.
A partition suit can be compromised if all parties files a compromise petition with all of their signatures.
1. A property which is otherwise not joint cannot be given a joint character in law even by a consensus among all the co-sharers. Since the property is originally registered in the name of your grand father all the heirs of your grand father i.e his widow and children have an equal share therein after his death. No legal heir can claim an enlarged share in the property as grand father died without making a will thereof.
2. Since your grand mother and her children have an equal share in the property it is not required in law to be transferred to your grand mother before applying for partition.
3. If your uncle is not ready to share the death certificate of your grand father then you may obtain a copy of his death certificate from municipal corporation. His death certificate will be required for partition to be carried out.
4. All the daughters irrespective of the date of their marriage have an equal right in the property.
A joint petition cannot be filed by your aunt alone. It has to be filed by all the co-sharers. Once a joint petition is filed all the co-sharers will get their respective share in the property.
If your uncle refuses to sign the joint petition then he will be given an opportunity to contest the petition filed by the other legal heirs. The absence of a consensus among all the co-sharers as to the filing of a joint petition does not preclude the co-sharers interested in partition to file for partition.
Yes, all the legal heirs have to sign the joint petition.