Community › Forums › Legal Advice India › Land ownership Distribution
- This topic has 2 replies, 2 voices, and was last updated 1 year, 1 month ago by
Desiwolf1711.
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DDesiwolf1711
PARTICIPANT
May 5, 2025 at 12:42 pmI am going to give context of a land and i need the legal ownership distribution based on the following events“A, B, and C buy 6 acres of land jointly. A makes a will transferring 2 acres of his share to D. B is a witness to this will.
B, a few years later, makes a will transferring 2 acres of his share to E and F. A is a witness to this will.Few years after this, C executes a release deed for 2 acres out of the 6 acres and sells the 2 acres for a private entity, while she still remains in the 4 acres jointly with A and B. Now, C is refusing to move out of the 4 acres, which still remains with A, B, and C.
My question is: If A and B pass away, how much would D, E, F, and C each inherit from the above context?”
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IIndianabhijeet8238
PARTICIPANT
May 5, 2025 at 2:18 pmUnder Indian property and succession law, including the Indian Succession Act, 1925 and general principles of co-ownership and transfer of property, the ownership distribution based on your described events would break down as follows, assuming the 6 acres were purchased in equal undivided shares and there is no overriding family, tribal, or customary law that changes this interpretation:**Initial Situation:**
A, B, and C jointly buy 6 acres, so by default:
A: 2 acres
B: 2 acres
C: 2 acres
**Event 1: A’s Will (gives 2 acres to D)**
A bequeaths his entire 2-acre share to D.
B is a witness, which under Section 67 of the Indian Succession Act does not invalidate the will unless B is also a beneficiary. (He’s not.)
→ D is entitled to A’s 2 acres.
**Event 2: B’s Will (gives 2 acres to E and F)**
B bequeaths his 2-acre share to E and F (we assume jointly, so 1 acre each).
A is a witness, but again, since A is not a beneficiary, the will is valid.
→ E and F are entitled to 1 acre each from B’s share.
**Event 3: C executes a release deed and sells 2 acres**
C sells 2 acres out of her 2-acre share. Assuming this is from her own legal share, this is a valid transfer.
Now, C retains no ownership—she has sold her entire share.
However, she is refusing to vacate the remaining 4 acres still jointly held by D (A’s successor), E and F (B’s successors).
**Current Legal Ownership (After A and B’s Death):**
D (via A’s will): 2 acres
E and F (via B’s will): 1 acre each
Private entity (purchased from C): 2 acres
C: 0 acres (she sold her share) but still in possession of land she no longer owns
**Final Distribution:**
D: 2 acres (inherited from A)
E: 1 acre (inherited from B)
F: 1 acre (inherited from B)
Private Entity: 2 acres (purchased from C)
C: Legally owns nothing, but may be in illegal possession of the remaining land
**Legal Remedies and Notes:**
D, E, and F can file a suit for partition and possession to assert their ownership rights.
C’s possession over the remaining 4 acres is unauthorized—a court can order her eviction if necessary.
If the will(s) are registered and not challenged, they hold full legal weight under Indian law.
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DDesiwolf1711
OP
May 5, 2025 at 3:59 pmThank you for the detailed information. Is there anything that can be done while A and B are alive? Some release deed or something else while C continues to avoid to execute the release deed of the remaining portion?
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