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Oral Partition
4 months ago
My great grandfather had gifted certain lands for limited estate to my grandmother and subsequently her sons apart form the eldest son, he gave the remaining to his adopted son (who is the eldest son of my grandmother) in 1955. My grandmother had 3 more sons. In 1975, the joint family partitioned the land orally. In 2005, they partitioned the land orally again and each of them took passbooks. Will the limited estate hold even for my father. He wishes to sell land.
A.Dear Client,
The legal status of the lands and their partition would depend on various factors, including the nature of the limited estate, the relevant laws applicable at the time, and subsequent agreements among family members. Since the lands were initially given as a limited estate, understanding the terms and conditions of this limited estate is crucial.
If there were oral partitions in 1975 and 2005, these could potentially impact the ownership rights and entitlements of each family member. However, the legality and enforceability of oral partitions may vary, and it is advisable to consult with a legal professional to assess the situation thoroughly.
Given the complexity of family arrangements, changing laws over time, and the specific details of the limited estate, a legal expert can provide guidance on the status of the land, your father's rights, and the possibility of selling the land. They can help navigate through any legal intricacies, review relevant documents, and advise on the best course of action to achieve your father's objectives regarding the land.
Thankyou
The legal status of the lands and their partition would depend on various factors, including the nature of the limited estate, the relevant laws applicable at the time, and subsequent agreements among family members. Since the lands were initially given as a limited estate, understanding the terms and conditions of this limited estate is crucial.
If there were oral partitions in 1975 and 2005, these could potentially impact the ownership rights and entitlements of each family member. However, the legality and enforceability of oral partitions may vary, and it is advisable to consult with a legal professional to assess the situation thoroughly.
Given the complexity of family arrangements, changing laws over time, and the specific details of the limited estate, a legal expert can provide guidance on the status of the land, your father's rights, and the possibility of selling the land. They can help navigate through any legal intricacies, review relevant documents, and advise on the best course of action to achieve your father's objectives regarding the land.
Thankyou
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A.Dear Sir,
You have to contact local Advocate who is having deep knowledge in local laws and customs in respect of ‘Limited Estate”.
You have to contact local Advocate who is having deep knowledge in local laws and customs in respect of ‘Limited Estate”.
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A.Dear Client,
Once a property is gifted by the donor to a person, it becomes the self-acquired property in the hands of the receiver/donee who gets an unfettered right to deal and/or dispose of the self-acquired property as he or she likes. Your great-grandfather has gifted his property to other members of the family including his adopted son. So, the entire property of your great-grandfather becomes the self-acquired property of joint undivided family members/legal heirs who are enjoying the property as tenants in common. In the absence of a decree of the Court passed in a partition suit or a registered deed of family settlement, a property cannot be partitioned or divided among the family members or legal heirs based on oral arrangements and cannot get their share in the property recorded in the land records maintained by the concerned authority. Reach out to an Advocate for further guidance and steps.
Once a property is gifted by the donor to a person, it becomes the self-acquired property in the hands of the receiver/donee who gets an unfettered right to deal and/or dispose of the self-acquired property as he or she likes. Your great-grandfather has gifted his property to other members of the family including his adopted son. So, the entire property of your great-grandfather becomes the self-acquired property of joint undivided family members/legal heirs who are enjoying the property as tenants in common. In the absence of a decree of the Court passed in a partition suit or a registered deed of family settlement, a property cannot be partitioned or divided among the family members or legal heirs based on oral arrangements and cannot get their share in the property recorded in the land records maintained by the concerned authority. Reach out to an Advocate for further guidance and steps.
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