An ancestral house property (my father's father) is in dispute. He died intestate leaving five sons (no daughters). His five sons could not settle the dispute during their lifetime. Now the said five sons and their spouses are not alive. Now we are 22 cousins (both cousin brothers and cousin sisters put together). A case is filed against the said property in 2017.. With 18 plaintiffs and 4 defendants. I am one of the said four defendants. The said property is registered in year june 1939. (81 years back) and remains undivided. We propose to withdraw the case and settle amicably by disposing the property. My question is 1.Can we all 22 claimants effect sale of property in one absolute sale deed by selling each one's share of the undivided property? If not possible how sale is to be effected? 2.we have the following documents. a) sale deed in favour of my grand father. b) the parent document. c) latest tax paid receipts . d) E C latest e) khata and f)family tree. ANY OTHER DOCUMENTS required to dispose the property.?.. Pl advise. I request the legal experts to guide/advice me in this regard. Bhima Rao. Defendant. Bengaluru
File consent terms in court
2) on basis of consent terms suit can be disposed of
3)you can execute POA in favour of one of cousins to sell the property
4) in alternative all cousins have to sign the sale deed
5) you need death certificate of grand father , father and his siblings
6) mutation of property should be done in name of legal heirs before being sold
1. Yes, all the 22 legal heirs can execute a single sale deed in favour of the prospective buyer or all the legal heirs can execute a POA in favour of one legal heir, appointing him as their agent or attorney, who will execute the sale deed on behalf of all the 22 persons.
2. As you have rightly suggested, in addition to the documents you have suggested, death certificates of all the deceased persons to be procured to substantiate Genealogical or Family Tree.
Thank you.
All 22 legal heirs can sign on the sale deed transferring their respective undivided share and register it in favor of buyer. All 21 legal heirs can also execute a registered GPA in favor of one shareholder and sell property through him. Any stamp duty paid for registration of GPA will be deducted at the time of registration of sale deed. But in case of registration of GPA you will be paying double registration fee. The documents you have are sufficient proof to title. No other document is required.
1. Firstly this is not ancestral property.
Secondly, since there were five legal heirs succeeding to your deceased grandfather's estates, their respective share in the properties shall devolve equally among their own respective legal heirs by dividing the property into five equal shares or by dividing the sale consideration into five equal shares.
Now since all the parties disputing this property have compromised among themselves, a memo can be filed before the trial court mentioning the compromise settlement among the parties and to draw a compromise decree accordingly.
Subsequently all the parties who are entitled to a legitimate share in the property should execute a registered sale deed jointly in favor of the prospective buyer/s.
2. Any other documents that are reliable to this property may also be attached to the sale deed that you all shall be executing now.
Sirs, Is it required to deposit the original title deeds to the court while filing consent terms/compromising terms requesting the honourable court for a compromise decree. Kindly advise me. Bhima Rao. 31 mar 2021 Bengaluru.
You don’t have to deposit original title deeds in court while filing consent terms in court
Original title deed need not be deposited with the court.
It is to be retained so tht it can be produced before sub registrar office at the time of executing the registered transaction with regard to the property.
Dear Sir,
1) You can file application in court based on compromise agreement to withdraw the prior suit.
2) You can execute a single sale deed with signature from all the cousins in favor of the buyer.
3) You may need to attach the death certificates of the prior shareholders and grandfather also as proof of your legitimate claim to the property in addition to the family tree.
4)It is not required to submit the original title deed in the court.
Thank you
