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Grandfather made will for his 5 sons, 4 sons already passed away.


03-Apr-2024 (In Property Law)
Hi, my grandfather wrote a will for a plot in Delhi, and distributed to his 5 sons. On paper, he divided the plot first into 2 sections, and virtually divided those 2 sections more into 3 floors, making 6 virtual flats in that plot, and divided it into his 5 sons(all this division is only on paper, there is no floor actually built on that plot). Now 4 sons already passed away(including my father) & family of 2 brothers want to give me their share of the plot, how to proceed?
Answers (5)

Answer #1
653 votes
The options are either relinquishment deed or a gift deed or a family settlement deed. We need more information like are their any other legal heirs of Demised brothers ?
You need to hire expert advocate to understand n get the share in your name !
Plz b in touch
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Answer #2
695 votes
As per the succession law, the testament of the testator can only be considered valid only if the bequeathment of the property by him is existential. In such circumstances, your grandfather has virtually divided the share. The testament of the division of the share to 5 sons can be considered valid and the existing property can be divided under such circumstances. since you mentioned that 2 sons are willing to give their shares to you, that is relinquishment of their shares in the property. For that a registered relinquishment deed will be executed by them to transfer their shares to you.
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Answer #3
948 votes
you can file a suit for partition if this is actual scenario but the thing is that you have to give the whole description of your family and the will if there is any and not then papers of property with complete chain
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Answer #4
711 votes
If any party wishes to give away his share in your favor, it is advisable to adopt the process of relinquishment deed and get it registered so that no one can question in it future and you can exercise your exclusive rights. For further assistance feel free to contact

Thanks
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Answer #5
838 votes
A partition suit will be filed in this matter. Partition is the division of a joint property among several co-owners so that each person gets a share and becomes the exclusive owner of the share allotted to him. It is generally affected by dividing property according to the shares to which each of the parties is entitled.
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