Property related Property related

5 years ago

My grandfather had 6 children [4 sons –A, B, C & D and 2 daughters ‘E’ and ‘F’] A, B & C - Defendants and D is the ‘Plantiff’ , ‘E’ and ‘F’ have not contested and have no objection] • In 1984 my grandfather sold his ancestral property and purchased a House from that money and the extra money equally contributed by his 3 sons (A,B&C) • ‘D’ also got some money from the proceeds of sale of ancestral property and he bought his own • house elsewhere • The house bought by grandfather was later transferred through his registry to A,B& C (Defendants) • Post grandfather's death no separate will was written by my grandmother Post grandmother's death ‘D’ filed a suit against my father & 2 uncles(defendants) against the below given points 1. The Plaintiff is entitled to a preliminary decree of partition with respect to the said ‘Property’ 2. The Plaintiff is entitled to a decree of possession with respect to his share in the said ‘Property’ 3. The Plaintiff is entitled to a final decree of partition with respect to the said ‘Property’ As per court’s judgement “All the specific points 1 to 3 have been decided against the 'Plaintiff' However the court has also observed that all legal heirs of my grandmother will get an equal share in her property since she did not write a separate will post my grandfather's death (her legal heirs include 'D' as well _____________________________________________________________________________________
Basis these I have few specific questions
i. Is ‘D’ still entitled entitled to 1/6th share from this property

ii. Can A,B & C sell this house without taking D’s consent/ signature

iii Is D's signature required since he's not an owner of the property as declared by court but has been identified as a 'legal heir'

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
If purchasers of ready A, B and C can sell their property without the signature of D.

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BIR ABHIMANYU KUMAR

Responded 5 years ago

A.Because these legal here then ABC cannot sell the set property without the consent ABC has option of partition and ABC option have a sale of property her part only proportionately, if you finding any problem then you contact me.
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