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Partition of ancestors Property legally owned by father


10-Mar-2023 (In Property Law)

Sir, Kindly guide us We are Seven children with my mother wish (My father expired three years back) to make the partition of my fathers ancestors property at out home town. Is it possible that my mother can be distribute the property to all my brothers and sisters. Since, one my brother is at abroad, due to that its taking delay to make partition.

Answers (1)

Answer #1
681 votes
This property belonged to your father and he died intestate. Thereupon the entire properties shall devolve upon all the legal heirs equally. If there are seven children to your father along with seven, your mother will be another shareholder in the property, hence the property can be divided into eight shares. If your mother is not interested in getting her share in the property, she may relinquish her share in favor of other legal heirs by executing a registered release deed. After that the properties can be divided into seven shares as per the mutually agreed terms of all the shareholders by drawing a partition deed with seven schedule of properties describing respective share of each shareholder accordingly, the partition deed can e registered subsequently by all the shareholders signing before the jurisdictional registrar's office. If one of your brothers is not able to come to India to get his share of property registered by signing before the registrar, he may delegate his powers to one of you by executing a GPA deed from that country itself which should be duly attested by a notary or that country or by an officer of the Indian Embassy/high commission of that country, send it to the agent in India in a sealed cover, the cover shall be opened by the registrar and get it registered by paying respective stamp duty after which the power agent can sign on behalf of the said shareholder to receive his share of property through the registered partition deed. .

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