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Can cousins stop me from selling or renting my fathers's property
20-Jun-2023 (In Property Law)
My Grandfather have 2 son's,he & his one son passed away,but his property is not divided,in 2008 it was divided one part to my father & other part to deceased brother, he having 3 son,3 daughters ,wife alive,In the deed 3 son & his wife signed & 3 daughters not included in the deed and registered the deed.One part is given to my father & he given this property to me ,now I am paying the land tax from 2008 onwards. Due to finacial issue I want to sell the property,I want to know whether my father's brother 3 daughter make any issue when i goforward, If they make then what shall I do .Please give me a solution
After the death of grandfather the right over his property transferred to his two son. If one son is alive and other son is died then the legal heirs (all childrens and wife of deceased person ) have right over the deceased sons property. But in the case of executing a partition deed existing legal heirs put the signature. So with out signed 3 daughters in the partition deed or relinquishment deed the so created deed has no full validity. So be carefully take a relinquishment or release deed from the daughters for avoiding future litigations.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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It is highly necessary to include the daughter in the partition deed. In the present circumstances the solution is ask the to execute a relinquishment deed. Because they have got odukur right over the property
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Adv. Girish K. Raj
Kottayam | 25+ Answers
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The query does not reveal the personal law that applies. Believing that Hindu Succession Act applies and both the grandparents are no more, one-half of the property has rightly been given to your brother. If this has been carried out through a registered partition or settlement deed and it has been duly conveyed to you, you can dispose of the same. Anyhow, your cousin sisters are stranger to the property vested with your father.
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Adv. P Venu
Vaikom | 500+ Answers
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