If you are stuck in such a situation, here is what to do.

A gentleman named Mr. Arjun recently found himself in a complex family property issue and sought guidance. His family owns a 0.5-acre plot of ancestral land in a town called Kashipur, which has been primarily used for cultivating mango trees. The property was originally purchased by his great-grandfather, passed down to his grandfather (now deceased), and is currently in his grandfather’s name.

According to the legal heir certificate, there are four primary heirs to this property:

• Heir #1: Arjun’s Grandmother (alive)
• Heir #2: A deceased daughter who has two children.
• Heir #3: Another deceased daughter who has one child.
• Heir #4: Arjun’s Father, who has two children (including Arjun).

The family history is fraught with misfortune, as both of Arjun’s aunts passed away under tragic circumstances. Due to this, the grandparents had informally decided that the entire property should go to their son, Arjun’s father. The grandmother still maintains this stance. However, Arjun and his father acknowledge that, legally, the children of the deceased daughters are entitled to their respective shares.

The immediate problem began when Arjun started constructing his own house on the plot, next to his father’s house which was built in 2005. He proceeded with construction after getting verbal consent from all family members, including his cousins, who have no objections. However, his father has recently started making indirect threats, suggesting that he might not pass on his inherited share to Arjun and his brother, and could potentially will it to a charity, leaving Arjun’s newly constructed home in a legal limbo.

Arjun and his wife have been the primary caregivers for his elderly grandmother. Upset by her son’s threats towards her grandson, she has offered to transfer her share of the property directly to Arjun and his wife to secure their home. She is nearly 90 and wishes to resolve this promptly. Arjun is not interested in claiming more than his rightful share but wants to protect his home and live peacefully.

Advice in such cases

• Document Everything: Immediately cease reliance on verbal agreements. Document all communications, expenses related to the property, and construction costs.
• Understand Property Type: Determine if the property is ancestral or self-acquired by the grandfather. In this case, since it was inherited from the great-grandfather, it is ancestral property. Rights in ancestral property are acquired by birth, and a person cannot be disinherited from it by a will.
• Initiate Partition: The cleanest way to resolve this is to file a suit for partition to divide the property among all legal heirs as per the law. This will create clear titles for everyone.
• Accept the Gift: The grandmother’s offer to transfer her share via a gift deed is a viable option to secure at least a portion of the land. This should be done legally through a registered gift deed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This case is governed by Civil Law, primarily the Hindu Succession Act, 1956.

• Hindu Succession Act, 1956: This Act governs the succession and inheritance of property. For ancestral property, all coparceners (in this case, Arjun’s father and, by extension, Arjun) have a right by birth. The shares of the deceased grandfather would devolve upon his Class I heirs, which include his wife (grandmother), his son (Arjun’s father), and his two deceased daughters (whose shares would go to their respective children).
• Transfer of Property Act, 1882: This Act would apply to the grandmother’s offer. She can legally transfer her share through a ‘Gift Deed’ (Section 122) which must be a registered instrument.
• Suit for Partition: This is a legal remedy available to any co-owner to get their share demarcated and separated.

If you are the complainant

If you are in Arjun’s position and wish to initiate action to secure your rights, you are the complainant or plaintiff.

• Gather All Documents: Collect the original title deed (patta/khata), death certificate of the grandfather, legal heir certificate, and any property tax receipts.
• Send a Legal Notice: Your lawyer can send a formal legal notice to your father and other co-sharers, demanding a partition of the property. This is often the first step before filing a suit.
• File a Partition Suit: If the notice does not result in an amicable settlement, you can file a partition suit in the appropriate civil court. In the suit, you can also request an injunction to prevent your father from selling or creating any third-party rights on the property until the matter is decided.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are facing threats of dispossession or being denied your rightful share, you are the victim.

• Do Not Vacate Possession: Since you are already in possession of a part of the property (by virtue of your house), do not vacate it. Physical possession is a significant factor in property disputes.
• Secure Your Grandmother’s Share: Immediately act on your grandmother’s offer. Engage a lawyer to draft a Gift Deed for her share of the property in your name. Ensure it is properly executed and registered at the sub-registrar’s office. This will make you a legal co-owner on paper.
• Seek an Injunction: If the threats escalate, you can file a suit for an injunction to prevent your father from interfering with your peaceful possession of the house you have built.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Property disputes are civil in nature, and the police have a very limited role. They cannot decide who the owner of the property is or enforce a partition. Their involvement is restricted to preventing a “breach of peace.” If there is a physical altercation, assault, or illegal attempt to dispossess you by force, you can file a police complaint. The police may register a case under relevant sections of the Bharatiya Nyaya Sanhita (BNS) for criminal trespass or assault, but they will direct you to the civil court for the ownership dispute.

FAQs people normally have

Can my father deny me my share in ancestral property?

No. In ancestral property, you have a right by birth as a coparcener. Your father cannot deny you your share, nor can he will away the entire ancestral property to someone else. He can only deal with his own share.

What is the legal standing of my house built on verbal consent?

Verbal consent is difficult to prove in court. While you have built the house, your legal position is weak without a written agreement or a partition deed. However, the fact that you built it with the knowledge of all co-owners and are in possession gives you certain equitable rights. The court will likely consider the value of the construction during the final partition.

Is it a good idea to accept my grandmother’s share? What are the steps?

Yes, it is an excellent idea. It strengthens your legal position. The steps are:

1. Hire a lawyer to draft a Gift Deed.
2. The deed must be signed by your grandmother (the donor), you (the donee), and two witnesses.
3. The deed must be registered at the sub-registrar’s office of the area where the property is located. Stamp duty must be paid as applicable.

What evidence is required?

• Title Documents: The original sale deed or any document proving the ownership of the great-grandfather and subsequently the grandfather.
• Death Certificates: Of the grandfather and the two deceased daughters.
• Legal Heir Certificate / Succession Certificate: To establish the line of succession.
• Property Tax Receipts: To show who has been maintaining the property.
• Proof of Construction: Photographs of the construction, bills for materials, and contractor receipts for your house.
• Correspondence: Any letters, emails, or messages related to the property dispute.

How long will the investigation take?

This is a civil matter, so there is no “investigation” in the police sense. It is a “litigation” process. A partition suit in India can be a lengthy process. An uncontested partition can be completed in a year or two. However, a contested suit, like this one, can take anywhere from 5 to 15 years, or even longer, depending on the complexity, the court’s workload, and appeals to higher courts.

Advocate Sudhir Rao, Supreme Court of India