What is the procedure to partition parents' property?
25-Oct-2023 (In Property Law)
My in-laws have 2 sons and 1 daughter. daughter is married. First son is no more. My husband is 2 son. My in-laws passed without making any will. We have a old house in our village. My sister in law is willing to give up her rights over it. My husband's brother's wife intends to demolish old house and put new construction in ground floor and wants it registered in her name. We intend to put up construction in first floor and wants it to be registered in my husband's name. Is this possible ? whats the procedure ?
1. if it Is this a Ancestral property then according to the Hindu succession amendment act 2005 the female heirs have equal right in a property,
2. you have 1/3 share in this property.
3.you can go to the tahasildar office with the following documents
i. Death certificate of your parents.
ii. property tax paid receipt.
iii.ration card or birth certificate as which can show the relation between you and your father,
iv. application form for mutation and fees receipts you paid for it..
4. Once the mutation is done, make one release deed / gift deed in the name of your sister-in law.
2. you have 1/3 share in this property.
3.you can go to the tahasildar office with the following documents
i. Death certificate of your parents.
ii. property tax paid receipt.
iii.ration card or birth certificate as which can show the relation between you and your father,
iv. application form for mutation and fees receipts you paid for it..
4. Once the mutation is done, make one release deed / gift deed in the name of your sister-in law.
Madam
First of all there is no bequeath from your in-laws in respect of their children. Therefore all children have equal rights over the said property. Inform your husband to call others and request them to make equal partition of the said land. Then if it was h append, then your husband will get equal rights over the said property. If not, please file a suit partition and thorugh court you take your share.
Only after this share. the sister in law can give up her rights over the property in smooth way.
Please request him to proceed.
First of all there is no bequeath from your in-laws in respect of their children. Therefore all children have equal rights over the said property. Inform your husband to call others and request them to make equal partition of the said land. Then if it was h append, then your husband will get equal rights over the said property. If not, please file a suit partition and thorugh court you take your share.
Only after this share. the sister in law can give up her rights over the property in smooth way.
Please request him to proceed.
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